Published online by Cambridge University Press: 18 September 2025
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.
To save this book to your Kindle, first ensure no-reply@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.
Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.
Find out more about the Kindle Personal Document Service.
To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.
To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.