Study Of The Civil Jurisdiction And Foreign Judgments Convention (draft)

This dissertation consists of 6 chapters as follows:Chapter 1: Introduction to Hague Convention on Jurisdiction and Foreign Judgments in Civil and Commercial Matters. This chapter mainly discusses the fundamental issues of drafting of Hague Convention on Jurisdiction in general, including that first it has recalled the history of the universal double convention on jurisdiction initiated by Hague Conference on PIL, and that it deeply expounds the major reasons of the present plight in negotiations and its ultimate tendency of the draft Convention, and that it expatiates the scope of application in particular. This dissertation holds the draft Convention had been deeply affected by the two European Conventions in terms of the model orientation, fundamental principles and even essential contents. Moreover the draft Convention is the fruit of over 10 years hard negotiations, and this model is still the principal choice for the complete settlement of international civil and commercial jurisdiction and recognition and enforcement of inter-state judgments. Though a relatively small convention--Convention on Choice of Court Agreements has been passed by the 20th Hague Confenrence on PIL, yet this does not contradict with the research and drafting of the current mixed double Convention. Consequently, the members of Hague Conference on PIL decided the plan to continue the concluding of the universal double convention on jurisdiction and recognition and enforcement of foreign judgments has not been given up yet. However, there is really quite a long and tortuous way to go for the final conclusion of the draft Convention!Chapter 2: International legal system on civil and commercial jurisdiction. As international civil jurisdiction is a rather complicated issue both in theory and practice, so this dissertation is divided into two chapters to deal with it. This chapter holds the two European Conventions(the Brussels Convention 1968 in particular) produced a profound influence on the drafting of Hague Jurisdiction Convention. Though habitual residence itself has its own limitations, yet the draft Convention adopted the concept of habitual residence for the provision of jurisdiction of defendant's forum. In the special jurisdiction system, agreement jurisdiction ( choice of jurisdiction) is the embodiment of the most favored principle of party autonomy. The author holds the draft Convention is quite advanced in terms of the effectiveness, form and matters of the agreement jurisdiction,...