The Latest Development Of International Legislation On Unified Jurisdiction Over Foreign-related Civil And Commercial Cases

Foreign-related civil and commercial jurisdiction is an authority and qualification of a country's court to hear the foreign-related civil and commercial cases.From the perspective of private international law,foreign-related civil and commercial jurisdiction means that a country have the legally granted authority to accept the certain cases involving foreign elements.Since 2010,the Hague Conference on Private International Law decided to hold a special project meeting(Special Meeting on the Judgments Project,referred to as the“Judgment Project” Meeting),and they began to draft a comprehensive recognition and enforcement of foreign-related civil and commercial judgment in the “Judgment Project”Meeting(Proposed Draft Text on the Recognition and Enforcement of Foreign Judgment,referred to as “Judgment Project” Draft).Before the meeting,the remarkable achievements in the international jurisdiction rules are mainly: Brussels Convention on Jurisdiction and Enforcement of Judgments in Civil and Commercial Matters,Lugano Convention on Jurisdiction and Enforcement of Judgments in Civil and Commercial Matters in 1988,Inter-American Convention on Extraterritorial Validity of Foreign Judgments and Arbitral Awards in 1979,Hague Convention on Choice of Court Agreement in 2005,etc.The world set off a new wave of unifying jurisdiction over foreign-related civil and commercial cases after the “Judgment Project” Draft being put forward.Beginning with the international background of the “Judgment Project” Draft,this paper first analysis the impact from Brussels Convention and the other international conventions upon the “Judgment Project” Draft.Then focus on the development of this draft,try to analysis the feasibility of China to accede to the “Judgment Project” Draft,and what corresponding measures will be put forward.This paper is divided into five parts:The first part discusses the process that “Judgment Project” Draft is putting forward.By analyzing the correlation of all these international conventions with the “Judgment Project”Draft,this paper holds that these conventions laid the theoretical and practical foundation for the “Judgment Project” Draft.Being proposed is the destiny of “Judgment Project” Draft.The second part analysis the development of the “Judgment Project” Draft on the general rules of jurisdiction.This paper analysis and compares the provisions of the general jurisdiction in major countries around the world,then points out that the “Judgment Project”Draft carries on the innovation and adjustment on the language structure,and also gives upthe past uses of the the international pattern — “direct provisions”,instead of using the recognition and execution conditions in the mixed jurisdiction issues,to improve and expand the general jurisdiction,in order to make the original courts have jurisdiction to the plaintiff.The third part and the fourth part analysis the “Judgment Project” Draft's development on exclusive jurisdiction and special jurisdiction.This paper still uses comparative analysis method.Exclusive jurisdiction establishes the jurisdiction exclusively over the area of intellectual property rights and real estate.In terms of special jurisdiction,the ”Judgment Project” Draft replaces the uses of the concept of "debt" of the contract instead of the "non-contractual",it is more generality.The fifth part discusses China's attitude towards the “Judgment Project” Draft and the future strategy.This paper puts forward that China urgently needs to coordinate jurisdiction over foreign-related civil and commercial cases.It still very hard for our country's judgment being recognized and enforced in another country.After “One Belt and One Road” was proposed,it is important to build an international standard of jurisdiction concerning foreign affairs to regulate international activities,therefore we should first pay close attention to the dynamic state of the “Judgment Project” Draft.Secondly,our country can be actively involved in the negotiations,trying to influence the content of the draft,using the treaty reserved strategy and coordinating Chines legal rules of jurisdiction.So that China will lay the foundation for the future to accede to the “Judgment Project” Draft.