Explanatory Documentation prepared for Commonwealth Jurisdictions

English
ISSN: 
2310-1857 (online)
http://dx.doi.org/10.14217/23101857
Hide / Show Abstract
This series of ‘accession kits’ have been prepared by the Commonwealth Secretariat to assist governments in acceding to selected international conventions. The titles cover both private and public international law.
 
The Hague Convention on International Access to Justice

The Hague Convention on International Access to Justice You do not have access to this content

English
Click to Access: 
    http://oecd.metastore.ingenta.com/content/0882161e.pdf
  • PDF
  • http://www.keepeek.com/Digital-Asset-Management/oecd/commonwealth/governance/the-hague-convention-on-international-access-to-justice_9781848593374-en
  • READ
Author(s):
Commonwealth Secretariat
01 Jan 1982
Pages:
30
ISBN:
9781848593374 (PDF)
http://dx.doi.org/10.14217/9781848593374-en

Hide / Show Abstract

This is the seventh in a series of "accession kits" being prepared by the Commonwealth Secretariat primarily to assist Commonwealth countries in considering whether to accede to selected international conventions, especially in the field of private international law.

This paper is a review of the most recent Hague Convention in civil procedure. It contains the full English text of the Convention and recommendations and advice as to accession procedures.
loader image

Expand / Collapse Hide / Show all Abstracts Table of Contents

  • Mark Click to Access
  • Introductory Note

    This is the seventh in a series of "accession kits" being prepared by the Commonwealth Secretariat primarily to assist governments of Commonwealth countries in considering whether to accede to selected international conventions, especially in the field of private international law.

  • The Background to the Convention

    The Hague Conference on Private International Law has always taken a keen interest in the international aspects of civil procedure. Conventions dealing with such questions were prepared in 1896 and 1904, and when the Conference resumed its work after the Second World War a new Convention on Civil Procedure was concluded in 1954.

  • Legal Aid and Advice

    Introduction. It is important to appreciate that nothing in the Convention requires any country to introduce new forms of free legal aid or advice, or to alter the principles upon which financial contribution may be made to the cost of litigation or of legal advice. One country may have a highly developed system of free legal aid covering every type of court proceedings; another may be able to offer only a limited contribution to the cost of litigation in a narrowly-defined range of cases; each could become party to the Convention without altering its policies.

  • Security for Costs and Enforceability of Orders for Costs

    Introduction. Articles 14 to 17 (which form Chapter II of the Convention) deal with security for costs, often referred to by its Latin title cautio judicatum solvi. The requirement of security for costs is well-established in common law jurisdictions. It might be helpful to reproduce the relevant passage from Dicey and Morris, The Conflict of Laws (10th Edition, 1980), which sets out the position in England. In the passage which follows all footnotes have been omitted.

  • Other Provisions of the Convention

    Introduction. The Convention contains three further substantive Articles, between them forming two "Chapters" of the Convention, dealing with three other aspects of civil procedure, the first being about copies of entries and decisions and the second about physical detention and the third about safe–conduct.

  • Accession and Implementation

    Signature or accession. States which are Member States of The Hague Conference may sign the Convention, and subsequently deposit an instrument of ratification with the Ministry of Foreign Affairs of the Kingdom of the Netherlands. Any other State may accede, the instrument of accession being deposited with the same Ministry. The detailed procedures and the periods of time after which ratification and accession become effective are specified in the Final Clauses of the Convention (Articles 31 to 36), which are self-explanatory.

  • Convenention International Access to Justice
  • Add to Marked List