Issue 4. Some other issues
Compared with the issues mentioned above, the following ones are not so obvious and important, but they are still necessary to be discussed. One of them is the scope of the convention. On one side, the preliminary draft exclude many disputed situations, e.g. the status and legal capacity of natural persons, maintenance obligations, matrimonial property regimes and other rights and obligations arising out of marriage or similar relationships, wills and succession, insolvency, composition or analogous proceedings, social security, arbitration and proceedings related thereto and admiralty or maritime matters. Such a large exclusive range will possibly makes the convention useless in most disputes. On the other side, the convention does not deal with the areas of intellectual property and electronic commerce which have been given the most attention by the law circles. The Hague Conference may have a potential effect on these areas.
The last issue, which need to be paid more attention by the member states, is that the Hague Conference is an international organization with the purpose of uniforming the regulations on private international law. It should not be controlled by any interest groups or any other region alliances. However, to some extent, the Hague Conference nowadays represents more inclination of the European countries because of their more seats in the conference and the same economic and political interests. This inclination results in some obstacles in the negotiation. Whether the Hague Conference will consider more about all the member states’ will, whether it can break through the limitation of The Brussels Convention and stand on the position of its international organization will determine the success of the consequent convention.
4.Conclusion
It is hard to make a conclusion if a judgment convention will be approached under such a tough environment. Apparently, the serious problem about the United States is an obstacle to overcome. A successful negotiation reached by the delegations of the European countries and the United States will undoubtedly be a giant step toward a more closely integrated world-wide legal system and will also have a potent influence on the problems of other countries. On the other hand, in spite of the possibility that the convention will be unpractical to some extent, itself has incontestably a salutary influence on creating a solid foundation for the development of unification of the private international rules. Not matter a judgment convention will be created by the Hague Conference or by other means, the Hague Conference at least is a good start and surely is a historic landmark for the uniform jurisdiction rules.
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