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A Comment On The Role Of The Hague Conference On Private International Law, Georges A.L. Droz Jul 1994

A Comment On The Role Of The Hague Conference On Private International Law, Georges A.L. Droz

Law and Contemporary Problems

The first session of the Hague Conference on Private International Law convened in 1893. The role of the Hague Conference on current international law is examined.


Cooperation In International Procedural Conflicts: Prospects And Benefits, Takeshi Kojima Jul 1994

Cooperation In International Procedural Conflicts: Prospects And Benefits, Takeshi Kojima

Law and Contemporary Problems

The need for international integration of civil procedure has been strongly felt all over the world, particularly in the countries of Asia, North America and Europe. The birth of an international treaty will be good news for all those involved in international civil disputes.


Hague International Child Abduction Convention: A Progress Report, Linda Silberman Jul 1994

Hague International Child Abduction Convention: A Progress Report, Linda Silberman

Law and Contemporary Problems

The Hague Convention on the Civil Aspects of International Child Abduction was adopted on Oct 25, 1980. The objective of the Convention is to protect children from wrongful international removals or retentions from their lawful custodians.


Comment On Judge F. Weis, Jr., Service By Mail—Is The Stamp Of Approval From The Hague Convention Always Enough?, Doug Rendleman Jul 1994

Comment On Judge F. Weis, Jr., Service By Mail—Is The Stamp Of Approval From The Hague Convention Always Enough?, Doug Rendleman

Law and Contemporary Problems

Joseph F. Weis Jr's theories regarding US procedural policymaking and service by mail from the Hague Convention are examined. Weis explores two themes that run through US civil procedure: counterintuitive instrumentalism and underlying pragmatism.


Thoughts About A Multinational Judgments Convention: A Reaction To The Von Mehren Report, Andreas F. Lowenfeld Jul 1994

Thoughts About A Multinational Judgments Convention: A Reaction To The Von Mehren Report, Andreas F. Lowenfeld

Law and Contemporary Problems

Arthur von Mehren's proposal for a mixed convention for jurisdiction and multinational judgments is examined. A theory for what a sound convention on the recognition and enforcement of judgments should contain is proposed.


The Hague Evidence Convention Revisited: Reflections On Its Role In U.S. Civil Procedure, Gary B. Born Jul 1994

The Hague Evidence Convention Revisited: Reflections On Its Role In U.S. Civil Procedure, Gary B. Born

Law and Contemporary Problems

A reworking of the basic terms of the Hague Evidence Convention is proposed. Under current law, US courts typically do not employ the Convention's evidence-taking mechanisms when ordering discovery from either a litigant or a witness subject to the court's subpoena power.


Remarks, Peter H. Pfund Jul 1994

Remarks, Peter H. Pfund

Law and Contemporary Problems

The US proposal for the Hague Conference to prepare a recognition and enforcement convention is a proposal for multilateral negotiations by the member states of the Hague Conference that would involve many states besides the US.


Service By Mail—Is The Stamp Of Approval From The Hague Convention Always Enough?, Joseph F. Weis Jr. Jul 1994

Service By Mail—Is The Stamp Of Approval From The Hague Convention Always Enough?, Joseph F. Weis Jr.

Law and Contemporary Problems

The Hague Convention has not solved all of the problems in transnational service of process. Much of the difficulty has centered on the US preference for service by mail, a method of minimal expense.


The Reluctant Partner: Making Procedural Law For International Civil Litigation, Stephen B. Burbank Jul 1994

The Reluctant Partner: Making Procedural Law For International Civil Litigation, Stephen B. Burbank

Law and Contemporary Problems

Although the US has been a member of the Hague Conference on Private International Law Since 1964, other members may doubt the US' willingness to abide by the international obligations it has incurred. The US' ambivalence regarding international commitments is examined.


Forging Finality: Searching For A Solution To The International Double-Suit Dilemma, Julie E. Dowler Apr 1994

Forging Finality: Searching For A Solution To The International Double-Suit Dilemma, Julie E. Dowler

Duke Journal of Comparative & International Law

No abstract provided.


Recent Legal Developments Of The European Community, Jen Rosenkvist, Laurent M. Campo Apr 1994

Recent Legal Developments Of The European Community, Jen Rosenkvist, Laurent M. Campo

Duke Journal of Comparative & International Law

No abstract provided.


Cross-Border Investment, Conflict Of Laws, And The Privatization Of Securities Law, Robert W. Hillman Oct 1992

Cross-Border Investment, Conflict Of Laws, And The Privatization Of Securities Law, Robert W. Hillman

Law and Contemporary Problems

The rapid acceleration of transnational investing is occurring in an environment in which emerging markets, and foreign interest in these markets, are exploding. The issues involved with cross-border investment, conflict of laws and the privatization of securities law are examined.


Nation, Duration, Violation, Harmonization: An International Copyright Proposal For The United States, David Nimmer Apr 1992

Nation, Duration, Violation, Harmonization: An International Copyright Proposal For The United States, David Nimmer

Law and Contemporary Problems

Throughout most of its history, the US has adopted copyright laws independent of the outside world. That changed in 1989 when Congress joined the Berne Convention.


The Role Of United Nations General Assembly Resolutions In Determining Principles Of International Law In United States Courts, Gregory J. Kerwin Sep 1983

The Role Of United Nations General Assembly Resolutions In Determining Principles Of International Law In United States Courts, Gregory J. Kerwin

Duke Law Journal

No abstract provided.