Study On The Common Courts Rules In The Draft Convention On The Recognition And Enforcement Of Foreign Judgments

In view of the development of regional economic integration and the need of unification of the judicial criteria in some specialized fields,more and more common courts have increased.In addition,due to the common interests of relevant countries,the Hague Conference on Private International Law has introduced the rules of the common courts into the draft Convention on the Recognition and Enforcement of Foreign Judgments.The rules of the common courts(i.e.the rules of the recognition and enforcement of judgments of common courts)stipulate that the courts established jointly by multiple countries shall be regarded as the courts of the Contracting States.Both the current four versions of the draft Convention on the Recognition and Enforcement of Foreign Judgments and their preliminary documents stipulate the concept and classification of the common courts and the conditions for recognition and enforcement of the judgments of common courts.However,these rules also have some problems,for example,the problem of the concept of the common courts,the problem of the classification of common courts,the problem of declaration mechanism and the problem of "free riders" and reciprocity issues.Therefore,China should analyze the advantages and disadvantages of the rules of common courts,and put forward some proposals in the 2019 Diplomatic Session.This dissertation is divided into four parts:The first part demonstrates the background of the rules of common courts in the draft Convention on the Recognition and Enforcement of Foreign Judgments.Due to the fact that the increasing number of common courts judgments and the demands of the common interests of the relevant stakeholders,the Hague Conference on Private International Law has introduced the rules of the common courts into the draft Convention on the Recognition and Enforcement of Foreign Judgments.The second part mainly illustrates the provisions of the common courts in the draft Convention on the Recognition and Enforcement of Foreign Judgments.The draft Convention stipulates the concept and classification of the common courts,the conditions for recognition and enforcement of the common courts judgments.Firstly,in terms of the concept andclassification of the common courts,every version stipulates that a common court is a court established by two or more states and exercising jurisdiction over matters that come within the scope of the draft Convention.In addition,the second and third versions also classify the common courts according to the different levels of jurisdiction,but the fourth version deletes the relevant provisions.Secondly,in terms of the conditions for the recognition and enforcement of the judgment of the common court,when the judgment of the common courts meet four conditions,it can be recognized and enforced according the Convention.The third part mainly discusses some problems in the common courts rules in the draft Convention on the Recognition and Enforcement of Foreign Judgments,for example,the problem of the concept of the common courts,the problem of the classification of common courts,the problem of declaration mechanism and the problem of "free riders" and reciprocity issues.Firstly,the problem of the concept of the common courts is mainly discuss whether the investment court or Court of Justice of the European Union is a common court in the sense of the draft Convention.Secondly,the problem of the classification of common Courts is mainly based on the fact that the fourth version deletes the regulations of the classification of common courts.Thirdly,the problem of declaration mechanism is mainly due to the lack of provisions in the existing declaration mechanism for disclosure of information in common courts.Lastly,the problem of "free riders" and reciprocity issues is mainly based on the fact that the member states of the common court may not only have the rights conferred by the Convention,but not the obligations,because they are not parties to the Convention.The fourth part focus on the positive and negative influence of the rules of common courts in the draft Convention on the Recognition and Enforcement of Foreign Judgments.Otherwise,this part also analyzes the countermeasures when China faces the rules of the common courts.On the one hand,China should improve the relevant domestic legal system,and on the other hand,China should affect the convention through the negotiations in the2019 Diplomatic Session.In addition,if the common courts rules are not improved in the direction that is beneficial to China,China should make full use of the terms of the declaration.