Between National Interests and Global Business: China’s Possible Reservations to the Hague Convention on Choice of Court Agreements

2020 ◽  
Author(s):  
Wei Cai ◽  
Jonathan Kolieb
Keyword(s):  
Hague Convention ◽  
Global Business ◽  
National Interests ◽  
The Hague ◽  
The Hague Convention

Between National Interests and Global Business: China’s Possible Reservations to the Hague Convention on Choice of Court Agreements

2020 ◽  
Vol 11 (2) ◽  
pp. 295-318
Author(s):  
Wei Cai ◽  
Jonathan Kolieb
Keyword(s):  
Positive Impact ◽  
Hague Convention ◽  
Pragmatic Approach ◽  
Global Business ◽  
National Interests ◽  
Chinese Law ◽  
Recognition And Enforcement ◽  
Pros And Cons ◽  
The Hague ◽  
The Hague Convention

Abstract In September 2017, China signed the Hague Convention on Choice of Court Agreements. There are no obstacles preventing China from ratifying the Convention. However, the possible reservations China may declare appear to be a key concern for the success of the Convention. This article identifies the key conflicts between the Convention and Chinese law and practice, and analyses the pros and cons of some possible reservations the Chinese authorities may consider when ratifying the Convention. China’s ratification of the Convention would have a positive impact on the global recognition and enforcement of foreign civil and commercial judgments. Although China may have some specific concerns (e.g. national security) in its recognition and enforcement of particular foreign judgments, it is desirable that China adopts a pragmatic approach and minimize the number and extent of its reservations to the Convention.

In Their Best Interests

2020 ◽  
Vol 38 (3) ◽  
pp. 64-85
Author(s):  
Sébastien Roux
Keyword(s):  
Hague Convention ◽  
Best Interests ◽  
International Treaties ◽  
Adoptive Families ◽  
National Interests ◽  
Universal Principles ◽  
Site Field ◽  
The Hague ◽  
The Hague Convention ◽  
Shed Light

The international circulation of children requires a multiplicity of interventions. Adoptive flows must respect the ethical standards defined by the Hague Convention (1993) and be realized in the context of a drastic contraction of the migration of children for adoptive purposes. For a dozen years, the French government has been following a partially contradictory double imperative: the moral respect of universal principles enacted by international treaties, and the political maintenance of France among the adoptive “great nations” that are able to favor its nationals. Based on a multi-site field study, this contribution aims to shed light on the architecture, discourse, and actions of these “adoptive public agents.” Drawing on interviews and observations conducted in France and abroad, this article describes how bureaucrats act in practice to create French adoptive families, at the blurred and troubled intersection between the promotion of universal children’s rights and the favoring of French national interests.

Defining the Regulations of War in the Hague Convention of 1907

2016 ◽  
Author(s):  
Erazak Tileubergeno ◽  
Dana Baisymakova ◽  
Dinara Belkhozhayeva ◽  
Zhanar Moldakhmetova
Keyword(s):  
Hague Convention ◽  
The Hague ◽  
The Hague Convention

scholarly journals Application of Brussels II bis regulation in exercising the right of access to a child by extended family members

2021 ◽  
Vol 60 (90) ◽  
pp. 189-205
Author(s):  
Radmila Dragišić
Keyword(s):  
European Union ◽  
International Law ◽  
Hague Convention ◽  
Private International Law ◽  
The European Union ◽  
Parental Responsibility ◽  
The Hague ◽  
The Right ◽  
The Hague Convention ◽  
Right Of Access

In this paper, the author explores the sources of European Union Law that regulate one segment of parental responsibility - the right of access to a child. The focal point of research is the transition from the conventional (interstate) regulation of judicial cooperation in marital disputes and parental responsibility issues to the regulation enacted by the European Union institutions, with specific reference to the Brussels II bis Regulation. First, the author briefly points out to its relationship with other relevant international law sources regulating this subject matter: the Hague Convention on the Civil Aspects of International Child Abduction; the Hague Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Cooperation in the Field of Parental Responsibility and Measures for the Protection of Children; and other international sources of law. Then, the author examines in more detail its relationship with the Brussels II bis recast Regulation, which will be applicable as of 1 August 2022. In addition, the paper includes an analysis of the first case in which the Court of Justice of the European Union (CJEU) decided on the application of the Brussels II bis Regulation, at the request of granparents to exercise the right of access to the child. On the issue of determining the competent court which has jurisdiction to decide on how this right shall be exercised, the CJEU had to decide whether the competent court is determined on the basis of the Brussels II bis Regulation or on the basis of national Private International Law rules. This paper is useful for the professional and scientific community because it deals (inter alia) with the issue of justification of adopting a special source of law at the EU level, which would regulate the issue of mutual enforcement of court decisions on the right of access to the child. This legal solution was proposed by the Republic of France, primarily guided by the fundamental right of the child to have contact with both parents.

scholarly journals A very long engagement: The Children's Act 38 of 2005 and the 1993 Hague Convention on the Protection of Children and Cooperation in Respect of Intercountry Adoption

2017 ◽  
Vol 12 (1) ◽  
pp. 53
Author(s):  
Ed Couzens
Keyword(s):  
South African ◽  
Hague Convention ◽  
Best Interests ◽  
Dramatic Improvement ◽  
Intercountry Adoption ◽  
Current Regime ◽  
The Hague ◽  
The Hague Convention

This article analyses the intercountry adoptions provisions contained in Chapter 16 of the Children’s Act 38 of 2005, against the standards of the Hague Convention on the Protection of Children and Cooperation in Respect of Intercountry Adoptions, 1993. After a brief overview of the two leading South African cases on intercountry adoption, which stress the importance of having this institution statutorily regulated, the author proceeds to analyse the most significant clauses pertaining to intercountry adoptions contained in the Act, in order to identify the strengths and weaknesses in this new statutory framework. The author concludes that the Children’s Act is a dramatic improvement on the current regime of intercountry adoptions and that it has the potential to make this institution work in the best interests of children.

scholarly journals The relevance and problems of the Hague Convention of July 2 2019 on the recognition and enforcement of foreign judgments ratification by the Russian Federation

2020 ◽  
Vol 8 (2) ◽  
pp. 31-35
Author(s):  
Marina Senicheva
Keyword(s):  
Russian Federation ◽  
Hague Convention ◽  
Cross Border ◽  
Recognition And Enforcement ◽  
The Russian Federation ◽  
The Hague ◽  
The Hague Convention

The article sheds some light on problems that impede the ratification by the Russian Federation of the Hague Convention on the recognition and enforcement of foreign judgements of July 2, 2019. As a result of analysis of the risks and prospects of ratification by the Russian Federation of the Hague Convention on the Recognition and Enforcement of Foreign judgements of July 2, 2019, the author concludes that there are no legal contradictions that could adversely affect ratification of the convention in question. In this regard it is possible to conclude that these are political contradictions and the Russian Federation’s reluctance to build a cross-border system for recognizing and enforcing decisions of foreign courts that can impede the convention's ratification

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