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Beyond the model law: the case for a Commonwealth-wide adoption of the Hague Judgments Convention
Journal of Private International Law, Volume: 21, Issue: 3, Pages: 509 - 549
Swansea University Author:
Aygun Mammadzada
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© 2025 The Author. This is an Open Access article distributed under the terms of the Creative Commons Attribution-NonCommercial-NoDerivatives License.
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DOI (Published version): 10.1080/17441048.2025.2589578
Abstract
The 2019 Hague Judgments Convention (Judgments Convention) marks a pivotal development in private international law, offering a uniform framework for cross-border enforcement that enhances predictability and reduces legal fragmentation. By promoting legal certainty, it supports international trade a...
| Published in: | Journal of Private International Law |
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| ISSN: | 1744-1048 1757-8418 |
| Published: |
Informa UK Limited
2025
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| Online Access: |
Check full text
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| URI: | https://cronfa.swan.ac.uk/Record/cronfa70900 |
| Abstract: |
The 2019 Hague Judgments Convention (Judgments Convention) marks a pivotal development in private international law, offering a uniform framework for cross-border enforcement that enhances predictability and reduces legal fragmentation. By promoting legal certainty, it supports international trade and commercial relations and aligns with the broader push for greater judicial cooperation in the interconnected world. This article argues that it is in the clear interests of Commonwealth states to ratify the Convention. The Convention offers an avenue to strengthen the “Commonwealth advantage” by leveraging shared legal traditions and institutional ties to facilitate cooperation which the Commonwealth Model Law is unlikely to do on its own. Set against the backdrop of Brexit and the UK’s search for new legal alignments, the article further proposes that the UK’s ratification of the Convention can serve as a source of proactive inspiration for other Commonwealth states. As the key influencer and first Commonwealth state to ratify the Convention (apart from Malta and Cyprus, which acceded through their EU membership), the UK is uniquely positioned to promote wider adoption and reinforce both legal integration and commercial certainty. Such cooperative efforts can further consolidate the Commonwealth’s role in shaping the evolution of global private international law. |
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| Keywords: |
Commonwealth Model Law on recognition and enforcement of judgments, HCCH Judgments Convention 2019, common law on recognition and enforcement of judgments |
| College: |
Faculty of Humanities and Social Sciences |
| Funders: |
Swansea University |
| Issue: |
3 |
| Start Page: |
509 |
| End Page: |
549 |