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Advanced Introduction to Private International Law and Procedure

Peter Hay

Advanced Introduction to Private International Law and Procedure addresses some key questions through a comparative overview of legal systems, contrasting Anglo-American common law and the civil law approach of the European Union.
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An Assessment: Tasks, Developments, Trends

Peter Hay

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The past 50–70 years have seen major developments in the areas of international procedure and choice of law, roughly beginning with the American “conflicts revolution” in the 1950s, and in Europe with the 1968 Brussels Convention on Jurisdiction and Judgment Recognition,77 which ultimate became today’s EU Brussels Ia Regulation. The intervening years saw the 1980 Rome Convention of the European Economic Community (EEC) on choice of law in contract (today, the EU’s Rome I Regulation), the 1978 Hague Convention on Agency78 (albeit in force in only four countries), the highly successful UNCITRAL Convention on the International Sale of Goods,79 a number of successful Hague Conventions on family law issues, and ultimately the several EU Regulations. At the same time, a great many countries adopted new conflicts statutes or codified and expanded existing law. However, worldwide, even regional harmonization is still the exception; the most successful regional harmonization remains confined to the EU and EFTA. National codifications often still adhere to aspects that do not further international cooperation (for instance, the reciprocity requirement in judgment recognition). The following highlights a few of the areas in which further worldwide or regional harmonization would be beneficial, or to which national law might pay greater attention.

In light of the success of the 1968 European Brussels Convention, the United States proposed in 1992 that the Hague Conference on Private International Law draft a convention on the recognition and enforcement of judgments that might find widespread acceptance among member (and...

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