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Diversity and Integration in Private International Law$
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Verónica Ruiz Abou-Nigm and María Blanca Noodt Taquela

Print publication date: 2019

Print ISBN-13: 9781474447850

Published to Edinburgh Scholarship Online: May 2020

DOI: 10.3366/edinburgh/9781474447850.001.0001

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Judicial Cooperation: Resolving the Differing Approaches

Judicial Cooperation: Resolving the Differing Approaches

(p.128) 8 Judicial Cooperation: Resolving the Differing Approaches
Diversity and Integration in Private International Law

David McClean

Edinburgh University Press

This chapter looks at two aspects of international judicial co-operation: service of process abroad and the taking evidence abroad. Common law and civil law traditions have very different approaches. Common law countries see both as matters for the parties, with only limited assistance from State authorities. Civil law countries see them as matters for State action and see direct action by agents of the parties as an interference with their judicial sovereignty. The approaches have been successfully reconciled in two Hague Conventions and two European Union Regulations which build on the experience under the Hague instruments. The developments have seen as move from slow and very formal procedures to more informal approaches, direct contact between actors in the two States replacing elaborate procedures involving both courts and diplomatic personnel. More recently this new approach has expressed itself in the creation of judicial networks and liaison magistrates, with direct communication between judges in different States.

Keywords:   Service of process, evidence, Hague, networks, liaison magistrates, letter of request, huissiers

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