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Experts from the Institute of International Law of Wuhan University participated in the third special committee meeting of the Hague Judgment Project
发布者: 发布时间:2018-10-18 16:08阅读:

On November 13th -17th , 2017, Professor He Qisheng, as a member of the Chinese delegation, participated in the negotiation of the third special committee of the Convention on the Recognition and Enforcement of Foreign Court Judgments. This convention is an important project carried out by the International Organization of Private International Law of the International Organization of the Hague in recent years.

 

The talks were held at the Peace Palace in The Hague. There were 164 delegates participating in the negotiations, 56 member states and 1 regional integration organization (EU) from the Hague Conference on Private International Law; and 5 non-member states and 15 intergovernmental organizations. International organizations with non-governmental organizations participated in the consultations of the Convention.

 

The Chinese delegation sent by the Ministry of Foreign Affairs, the Supreme People's Court, the State Intellectual Property Office, the National Copyright Administration, the Chinese Embassy in the Netherlands, members of the Hong Kong and Macao SAR governments, and representatives from the academic and practical circles attended the meeting.

 

In the negotiation process of the Hague Judgment Convention, the Chinese delegation, under the leadership of Counselor Sun Jin of the Ministry of Foreign Affairs, has achieved important results in the fields of intellectual property rights, common court, equivalent effectiveness, sovereignty and security, which is one of the most influential delegations in the negotiation process.

 

In the field of intellectual property, the regionalism that the Chinese delegation has always advocated has received more protection in the current text.

 

In the common court, the bilateral effect emphasized by the Chinese delegation has been recognized by many countries. Representatives of many countries indicated that they should be further discussed on the basis of the proposal of the Chinese delegation.

 

On the same level of validity, the Chinese delegation submitted a proposal to delete the clause in the original text that recognized and enforced the judgment of the foreign court with the same effect as the judgment of the domestic court. It was unanimously agreed by the participants that the text had been deleted.

 

In the area of sovereignty and security, the proposal of the Chinese delegation was also accepted by the Special Committee and is now included in the text of the Convention on public policy as a reason for refusing to recognize or enforce a foreign court decision.

 

According to the discussions of the Special Committee, the Hague Conference on Private International Law will hold another special committee in the middle of 2018, with the budget and logistical support, to discuss the issues not discussed by the committee; A diplomatic conference will be held in early 2019 to pass the convention.

 

Members of the Chinese delegation include: Sun Jin (Head), Zhou Yong, Wu Qiong, Tong Shu, Xi Xiangyang, Zeng Zhaohui, Qiu Fuen, Hu Shuang, Sun Guoshun, Ouyang Huiru, Xu Baoru, Ms Ilda Cristina Fernandes de Sousa Fereira, Huang Jiao Zhen, Mr Rui Miguel Prista Patricio Cascao, Tu Guangjian, Xu Guojian and He Qisheng.

 

Professor He Qisheng not only organized the preliminary preparations for the conference to participate in the negotiation work, but also organized doctoral and master students to set up a special project research group to analyze the pros and cons of the convention text and its effectiveness. During the negotiation process of the Convention, He Qisheng actively participated in the discussion of the delegation and provided some valuable suggestions, which fully reflected the role of think tank experts in China's participation in the formulation of international rules.