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4 Interpretation: Approaches and Methods

From: The 2019 Hague Judgments Convention

Ronald A. Brand, Michael S. Coffee, Paul Herrup

From: Oxford Legal Research Library (http://olrl.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 23 July 2024

Subject(s):
Recognition and enforcement of foreign judgments

This chapter explores the methods, approaches, and considerations that guided the interpretation of each of the specific provisions of the Convention. Extra-textual sources and canons of interpretation generally are consulted or referenced only if the text itself does not provide an answer. Moreover, the text of any provision could be supported by a variety of different rationales. The chapter cites how interpretation is rooted in the nature and process of approval of the Convention text. The text is the culmination of a consensus process that resulted in an instrument that, once in force, will impose legal obligations on Contracting States by way of a lock-and-key model of judicial cooperation. The chapter also considers the sources of law in interpreting the Convention text.

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