Another Hague Judgments Convention? Bucking the Past to Provide for the Future
15 Pages Posted: 27 Feb 2019 Last revised: 18 Jul 2019
Date Written: February 25, 2019
The global economy today needs global agreements to facilitate commerce not merely within a limited internal geographic area but internationally. And what has been lacking for years is a convention to provide for judgment recognition and enforcement that mirrors the reality of today’s trade which with cyberspace and new technologies crosses borders instantaneously. The Hague Conference on Private International Law has been laboring in this field for almost 50 years, planting seeds from 1971. It is on the brink of completing such a convention which offers the promise of a treaty that incorporates sufficient flexibility to allow multiple legal systems to join and leaves room for growth with changing technologies and further harmonization of this area of law.
This Article provides the background on the negotiations through the years, especially the last 25 plus years, and considers how the instruments have changed in response to evolving dynamics in cross-border trade and internal changes at The Hague Conference. It provides a general introduction to the current draft that is to be negotiated at the final Diplomatic Session in June 2019 and considers issues remaining both generally and for the United States participation. It evaluates the convention and considers what changes it will bring domestically and internationally. And is answers the question of whether the world needs this global judgments convention and why the U.S. needs to be a willing partner.
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