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8 General Clauses (Articles 16–23)

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: 14 July 2024

Enforcement of foreign judgments — Defences to enforcement

This chapter discusses the general clauses presented in the Hague Convention’s Articles 16–23. The General Clauses chapter of the Convention contains eight articles that have the potential for a major impact on the outcome of specific requests for recognition or enforcement. The articles primarily revolve around transitional rules determining when Convention provisions will apply to the recognition and enforcement of judgments based on the date when the Convention has the effect between the State of origin and the requested State. In Articles 17–19, the Convention authorizes certain declarations by States that will tailor the application of specific Convention rules under specific circumstances. The chapter also details the function of Articles 20–23.

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