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8 - Final Clauses (Articles 27–34)

from PART II - ARTICLE-BY-ARTICLE COMMENTARY ON THE CONVENTION

Published online by Cambridge University Press:  26 October 2009

Ronald A. Brand
Affiliation:
University of Pittsburgh
Paul Herrup
Affiliation:
Office of Foreign Litigation, Dept. of Justice
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Summary

INTRODUCTION

Chapter V of the Convention contains its final clauses. Many of these clauses contain provisions that are standard in private international law treaties generally, or in other Hague Conventions. They should be interpreted accordingly. However, some of the clauses in this Convention vary from standard clauses, and are tailored to policy objectives in this Convention.

ARTICLE 27: SIGNATURE, RATIFICATION, ACCEPTANCE, APPROVAL OR ACCESSION

Article 27 Signature, ratification, acceptance, approval or accession

  1. This Convention is open for signature by all States.

  2. This Convention is subject to ratification, acceptance or approval by the signatory States.

  3. This Convention is open for accession by all States.

  4. Instruments of ratification, acceptance, approval and accession shall be deposited with the Ministry of Foreign Affairs of the Kingdom of the Netherlands, Depositary of the Convention.

Article 27 sets forth the mechanisms by which a state may become a Contracting State to the Convention. Articles 29 and 30, discussed below, provide the similar rules applicable to Regional Economic Integration Organizations, which are not covered by Article 27.

Article 27 demonstrates a policy decision to open the Convention to wide participation. The Convention is open for signature by all states – whether or not they are Member States of the Hague Conference on Private International Law. Once a state has signed the Convention, it may become a Party by ratification, acceptance or approval.

Type
Chapter
Information
The 2005 Hague Convention on Choice of Court Agreements
Commentary and Documents
, pp. 174 - 182
Publisher: Cambridge University Press
Print publication year: 2008

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