I. The Purpose of Jurisdictional Filters: A. The Place of Articles 5 and 6 within the Convention; B. Appropriateness of Jurisdiction as a Trust-Building Factor. – II. Layout and Operation of the Jurisdictional Filters: A. Concurrent vs. Exclusive filters; B. Equality of the Listed Filters; C. Operation of the Filters in the Requested State. – III. Taxonomy. – IV. The Jurisdictional Bases in Detail: A. Jurisdictional Filters consisting of Personal Ties; B. Jurisdictional Filters consisting of Objective Connections; C. Jurisdictional Filters grounded on Consent. – V. Concluding Remarks.
Franzina, P., The Jurisdictional Filters, in Weller, M. R. J., Brinkmann M, B. M., Dethloff, N. (ed.), The HCCH 2019 Judgments Convention - Cornerstones, Prospects, Outlook, Bloomsbury Academic, Oxford 2023: 41- 69 [https://hdl.handle.net/10807/240914]
The Jurisdictional Filters
Franzina, Pietro
2023
Abstract
I. The Purpose of Jurisdictional Filters: A. The Place of Articles 5 and 6 within the Convention; B. Appropriateness of Jurisdiction as a Trust-Building Factor. – II. Layout and Operation of the Jurisdictional Filters: A. Concurrent vs. Exclusive filters; B. Equality of the Listed Filters; C. Operation of the Filters in the Requested State. – III. Taxonomy. – IV. The Jurisdictional Bases in Detail: A. Jurisdictional Filters consisting of Personal Ties; B. Jurisdictional Filters consisting of Objective Connections; C. Jurisdictional Filters grounded on Consent. – V. Concluding Remarks.
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