A Study On The Legal Challenges And Countermeasures Of China's Ratification Of The Hague Convention On Choice Of Court Agreements

The 2005 Hague Convention on the Choice of Court Agreements(hereinafter referred to as “the Convention”),which entered into force in 2015,is a global convention on the jurisdiction and recognition and enforcement of judgments in the international civil and commercial fields.While Hague Conference on Private International Law had initially intended to establish a universal international convention on the jurisdiction and recognition and enforcement of judgments,but for a variety of reasons only the Convention based on an exclusive court choice agreement was reached.Nonetheless,the adoption of the Convention still has a milestone meaning.First,the Convention fully respects the principle of party autonomy;secondly,the adoption of the global recognition and enforcement convention is conducive to accelerating the global flow of judgments;and thirdly,the global flow of judgments will promote international economic and trade exchanges between countries.As a major developing country with an extremely rapid development of international civil and commercial relations,China's demand for the global recognition and enforcement conventions on civil and commercial judgments will become increasingly prominent.China signed the Convention on 12 September 2017.According to article 18 of the Vienna Convention on the Law of Treaties,which entered into force for China,it is the duty of a State to sign a treaty to take any action that would impede the object and purpose of the treaty.So this shows that China's overall position on the Convention is positive and welcome,the ratification is also imperative.However,due to the differences between the Convention and the laws of China,the ratification of the Convention will bring many legal challenges to China.How to deal with these legal challenges properly is the point of importance that should be studied for the moment.The text of this thesis is divided into five parts.In the first part,“The necessity of China's ratification to the Convention”,this part determines that China needs to ratify the "Convention" from the defects in the reciprocity principle and the limitations of the bilateral judicial assistance treaty for commercial and commercial affairs.The second part is “The similarities and differences between the Convention and China's current legal system”.This part compares China's current legal system with the Convention in accordance with the order of the text of the Convention,and concludes that there are similarities and differences in the scope of application,the jurisdiction rules,and the recognition and enforcement of judgments.The third part is “The legal challenges of China's ratification to the Convention”.This part summarizes four legal challenges that China will be faced with after the ratification by comparing the relevant conventions and the relevant legislation in our country,namely,the scope of application,the written form of the agreement,the principle of effective connection and public policy issues.The fourth part is “The study of countermeasures against legal challenges”.This part puts forward some suggestions combined with specific theories and typical practice of other countries on how to improve the relevant legislation in our country according to the specific legal challenges in the second part.The fifth part is the conclusion of this thesis.It is concluded that China needs to properly use the statement reservation system and urgently modify the domestic relevant legislation to match the "Convention".