Keywords
Summary

Keywords

1 . CONVENTION ON JURISDICTION AND THE ENFORCEMENT OF JUDGMENTS - PROVISIONS OF TITLE II ( JURISDICTION ) AND TITLE III ( RECOGNITION AND ENFORCEMENT ) - OBSERVANCE OF RIGHTS OF THE DEFENCE - CONSEQUENCES - DECISIONS WITH WHICH THE CONVENTION IS CONCERNED - DECISIONS CAPABLE OF BEING THE SUBJECT OF AN INQUIRY IN ADVERSARY PROCEEDINGS IN THE STATE OF ORIGIN

( CONVENTION OF 27 SEPTEMBER 1968 , TITLES II AND III )

2 . CONVENTION ON JURISDICTION AND THE ENFORCEMENT OF JUDGMENTS - RECOGNITION AND ENFORCEMENT OF JUDGMENTS - DECISIONS AUTHORIZING PROVISIONAL OR PROTECTIVE MEASURES - EXCLUSION FROM THE PROCEDURE PROVIDED FOR BY TITLE III - CONDITIONS

( CONVENTION OF 27 SEPTEMBER 1968 , TITLE III )

Summary

1 . ALL THE PROVISIONS OF THE CONVENTION , BOTH THOSE CONTAINED IN TITLE II ON JURISDICTION AND THOSE CONTAINED IN TITLE III ON RECOGNITION AND ENFORCEMENT , EXPRESS THE INTENTION TO ENSURE THAT , WITHIN THE SCOPE OF THE OBJECTIVES OF THE CONVENTION , PROCEEDINGS LEADING TO THE DELIVERY OF JUDICIAL DECISIONS TAKE PLACE IN SUCH A WAY THAT THE RIGHTS OF THE DEFENCE ARE OBSERVED . IT IS BECAUSE OF THE GUARANTEES GIVEN TO THE DEFENDANT IN THE ORIGINAL PROCEEDINGS THAT THE CONVENTION , IN TITLE III , IS VERY LIBERAL IN REGARD TO RECOGNITION AND ENFORCEMENT . IN THE LIGHT OF THESE CONSIDERATIONS IT IS CLEAR THAT THE CONVENTION IS FUNDAMENTALLY CON- CERNED WITH JUDICIAL DECISIONS WHICH , BEFORE THE RECOGNITION AND EN- FORCEMENT OF THEM ARE SOUGHT IN A STATE OTHER THAN THE STATE OF ORIGIN , HAVE BEEN , OR HAVE BEEN CAPABLE OF BEING , THE SUBJECT IN THAT STATE OF ORIGIN AND UNDER VARIOUS PROCEDURES , OF AN INQUIRY IN ADVERSARY PROCEEDINGS .

2 . THE CONDITIONS IMPOSED BY TITLE III OF THE CONVENTION ON THE RECOGNITION AND THE ENFORCEMENT OF JUDICIAL DECISIONS ARE NOT FULFILLED IN THE CASE OF PROVISIONAL OR PROTECTIVE MEASURES WHICH ARE ORDERED OR AUTHORIZED BY A COURT WITHOUT THE PARTY AGAINST WHOM THEY ARE DIRECTED HAVING BEEN SUMMONED TO APPEAR AND WHICH ARE INTENDED TO BE ENFORCED WITHOUT PRIOR SERVICE ON THAT PARTY . IT FOLLOWS THAT THIS TYPE OF JUDICIAL DECISION IS NOT COVERED BY THE SYSTEM OF RECOGNITION AND ENFORCEMENT PROVIDED FOR BY TITLE III OF THE CONVENTION .