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Harmonisation and the judgments convention: historical influences

Kennett, Wendy 1993. Harmonisation and the judgments convention: historical influences. European Review of Private Law 1 (1/2) , pp. 83-107.

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Abstract

The 1968 Judgments Convention is a significant element in achieving an internal market within Europe, promoting as it does the ‘free movement of judgments’. By harmonizing the rules of jurisdiction, it has been possible for the Convention to minimize the grounds for refusal to recognize a judgment. However the process by which the rules of jurisdiction and recognition were formulated has certain weaknesses. In particular, the rules of jurisdiction are derived from national rules with a long history, dating back to times when patterns of commerce were entirely different. These rules have either been little used in international disputes (because more exorbitant rules exist as an alternative) or have been interpreted in such a way as to permit a wide exercise of jurisdiction. It is not self-evident that they will achieve an appropriate allocation of jurisdiction between Contracting States. Moreover the use of legal concepts as jurisdictional connecting factors gives rise to a lack of transparency which may cloak a ‘homeward trend’ in interpretation by national courts.

Item Type: Article
Date Type: Publication
Status: Published
Schools: Law
Subjects: K Law > K Law (General)
Publisher: Kluwer Law International
ISSN: 0928-9801
Last Modified: 04 Jun 2017 08:16
URI: http://orca-mwe.cf.ac.uk/id/eprint/75070

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