A Study On Jurisdiction Of Rules Of Transnational Civil Procedure

Although international organizations and scholars keep taking great efforts, harmonization of international civil and commercial jurisdiction has only made little progress. However, in order to smooth the way for transnational civil and commercial transactions, we have to endeavor to such harmonization at all events. Rules of Transnational Civil Procedure (the "Rules") was first prepared by American Law Institute, later it became one of the important projects of UNIDROIT. The final draft was prepared in 2004. They are not perfect rules yet, but as the only one set of uniform rules hitherto for transnational civil litigation, they deserve our concerns and detail studies.This paper consists of four chapters. The first chapter introduces the genesis of the rules project and expounds its rules providing transnational civil and commercial jurisdiction. The second chapter and the third one are the main parts of this paper. The second chapter makes comparative studies on the rules providing international civil and commercial jurisdiction of the Rules and other conventions (including drafts). This chapter falls into three sections. The first section introduces the scope of international civil cases the Rules .apply. The second one goes into details of bases of international civil and commercial jurisdiction. The last section tells at what events the forum should decline to exercise jurisdiction. The third chapter concerns the prospects of the Rules, and lists both the difficulties and possibilities of its achievement. At last, the forth chapter canvasses what we can learn from such project and such rules. The conclusion is that we should be more active in the process of international legislation, and improve the relative rules of our civil procedure.