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Duke Law

1994

Civil procedure (International law)

Articles 1 - 13 of 13

Full-Text Articles in Law

Hague Conference Conventions And The United States: A European View, Cornelis D. Van Boeschoten Jul 1994

Hague Conference Conventions And The United States: A European View, Cornelis D. Van Boeschoten

Law and Contemporary Problems

From a European perspective, international cooperation in litigation does not primarily require the safeguarding of governmental interests, but the equitable balancing of the interests of plaintiffs and defendants. A European view of the role of US procedures in Hague Conference conventions is presented.


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.


The Federal Rules Of Civil Procedure In The Context Of Transnational Law, George K. Walker Jul 1994

The Federal Rules Of Civil Procedure In The Context Of Transnational Law, George K. Walker

Law and Contemporary Problems

The development of exceptions in the Rules of Civil Procedure and federal statutes that apply only to litigants outside the US is explored. The Rules should not make exceptions on a blanket basis, as some proposals indicate.


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.


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.


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 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.


International Control Of Civil Procedure: Who Benefits?, Robert B. Von Mehren Jul 1994

International Control Of Civil Procedure: Who Benefits?, Robert B. Von Mehren

Law and Contemporary Problems

The work of the Hague Conference on Private International Law in the field of civil litigation is considered, focusing particularly on the Service Convention and the Evidence Convention. The international community has benefited from the work of the Hague Conference through cooperation under its auspices.


International Control Of International Litigation: Who Benefits?, Hans Smit Jul 1994

International Control Of International Litigation: Who Benefits?, Hans Smit

Law and Contemporary Problems

The enormous growth of international intercourse Since WWII has brought a corresponding increase in litigation with international aspects. Problems associated with adjudication by domestic courts of disputes with international aspects are considered.


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.


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.


Reflections On The Interface Of Treaties And Rules Of Procedure: Time For Federal “Long-Arm” Legislation, J. Dickson Phillips, Paul D. Carrington Jul 1994

Reflections On The Interface Of Treaties And Rules Of Procedure: Time For Federal “Long-Arm” Legislation, J. Dickson Phillips, Paul D. Carrington

Law and Contemporary Problems

Civil justice in the US is a primary means of law enforcement, and those who compete in the US economy ought, except in compelling circumstances, to be subject to the same modes of law enforcement as their US competitors. The five-tiered process for rulemaking regarding special accomodation of foreign interests is examined.