The Value and Possibility of the World-wide Judgments Convention-法搜-中国法律信息搜索网

　　
【注释】　　Depei Han, The New Private International Law (Chinese Edition), Wuhan University Press, 1997, P666
“Demonstrating greater comfort with the idea of judicial discretion, the common law countries seem to favor the doctrine; demonstrating greater suspicion of the idea of judicial discretion, the civil law countries seem to oppose it.” Patrick J. Borchers, A Few Little Issues for the Hague Judgment Negotiation, 1998, 24 Brooklyn J. Int''l L. 157
T. Von Mehren, Recognition and Enforcement of Foreign Judgment: A New Approach for the Hague Conference?, Law & Contemporary Legal Problems, 1994, P271-287

Joachim Zekoll , “Could a Treaty Trump Supreme Court Jurisdictional Doctrine?”: The Role and Status of American Law in the Hague Judgments Convention Project, 1998, 61 Alb. L. Rev. 1283
Arthur T. Von Mehren, Drafting a Convention on International Jurisdiction and the Effects of Foreign Judgments Acceptable World-wide: Can the Hague Conference Project Succeed? ,2001, 49 Am. J. Comp. L. 191

“…. it was essentially drafted as a double convention…The draft accepts permitted bases grudgingly; flexibility and room for development are not seen as advantages; most importantly, the draft is largely the result of majoritarian rather than consensus thinking.” Arthur T. Von Mehren, Drafting a Convention on International Jurisdiction and the Effects of Foreign Judgments Acceptable World-wide: Can the Hague Conference Project Succeed? ,2001, 49 Am. J. Comp. L. 191
Preliminary Draft Convention on Jurisdiction and Foreign Judgment in Civil and Commercial Matters, http://hcch.net/e/workprog/jdgm.html (visited 29 October, 2002)
Patrick J. Borchers, A Few Little Issues for the Hague Judgment Negotiations, 1998, 24 Brooklyn J. Int''l L. 157

Preliminary Draft Convention on Jurisdiction and Foreign Judgment in Civil and Commercial Matters provides:
Article 38 Uniform interpretation
1. In the interpretation of the Convention, regard is to be had to its international character and to the need to promote uniformity in its application.