Please use this identifier to cite or link to this item: http://hdl.handle.net/1893/31011
Appears in Collections:Law and Philosophy Journal Articles
Peer Review Status: Refereed
Title: Judgments Convention: Application to Governments
Author(s): Beaumont, Paul R
Keywords: Civil or commercial matters
Public law
Armed forces
Law enforcement agencies
Unilateral sovereign debt restructuring
State immunity
Declarations
Reciprocity
Issue Date: 1-Apr-2020
Citation: Beaumont PR (2020) Judgments Convention: Application to Governments. Netherlands International Law Review. https://doi.org/10.1007/s40802-020-00163-6
Abstract: The Hague Judgments Convention 2019 makes the classic distinction between private law matters within its scope (civil or commercial matters) and public law matters outside its scope. It also follows the same position in relation to State immunity used in the Hague Choice of Court Convention 2005 (see Art. 2(5) in 2019 and 2(6) in 2005). The innovative parts of the 2019 Convention relate to the exclusions from scope in Article 2 relating to the armed forces, law enforcement activities and unilateral debt restructuring. Finally, in Article 19, the Convention creates a new declaration system permitting States to widen the exclusion from scope to some private law judgments concerning a State, or a State agency or a natural person acting for the State or a Government agency. This article gives guidance on the correct Treaty interpretation of all these matters taking full account of the work of the Hague Informal Working Group dealing with the application of the Convention to Governments and the other relevant supplementary means of interpretation referred to in Article 32 of the Vienna Convention on the Law of Treaties.
DOI Link: 10.1007/s40802-020-00163-6
Rights: This article is licensed under a Creative Commons Attribution 4.0 International License, which permits use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons licence, and indicate if changes were made. The images or other third party material in this article are included in the article's Creative Commons licence, unless indicated otherwise in a credit line to the material. If material is not included in the article's Creative Commons licence and your intended use is not permitted by statutory regulation or exceeds the permitted use, you will need to obtain permission directly from the copyright holder. To view a copy of this licence, visit http://creativecommons.org/licenses/by/4.0/.
Notes: Output Status: Forthcoming/Available Online
Licence URL(s): http://creativecommons.org/licenses/by/4.0/

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