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Chapter 6 - Did the Judgments Project Fail Because the Basis for Consensus-Building was Missing During the Diplomatic Session?

Published online by Cambridge University Press:  18 September 2025

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Summary

After the final Special Commission meeting had taken place in October 1999, the US declared that it could not support the October 1999 Preliminary Draft Convention as a basis for multilateral negotiations in a Diplomatic Session, and the Judgments Project had reached an impasse. The Legal Advisor to the US Department of State, Jeffrey D Kovar, informed the then Secretary General of the Hague Conference, Hans van Loon, in February 2000 that the October 1999 Preliminary Draft Convention which had been produced by the Special Commission meetings on the Judgments Project stood ‘no chance of being accepted in the United States’. According to this letter, the October 1999 Preliminary Draft Convention raised various issues regarding its scope of application, the rules on recognition and enforcement, Article 37 October 1999 Preliminary Draft Convention (Relationship with other conventions), and Article 41 October 1999 Preliminary Draft Convention (Federal clause). The letter also raised concerns regarding the specific content of some of the jurisdictional provisions of the green list. The most significant concerns of the US, however, related to the structure of the draft convention text, i.e., the convention type pursued, which was a mixed convention in name only as discussed above in Chapter 5:

[D]espite nearly eight years of discussion of the fundamental importance and need for a mixed convention, and agreement by vote that the Special Commission would work to that end, what we see in the present text [the October 1999 Preliminary Draft Convention] is for all intents and purposes a narrow double convention.

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Type
Chapter
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A Hague Convention on Jurisdiction and Judgments
Why did the Judgments Project (1992-2001) Fail?
, pp. 147 - 166
Publisher: Intersentia
Print publication year: 2024

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