Abstract
This article offers suggestions to resolve this need for a better discovery mechanism within the framework of the existing Convention. The article will begin by discussing the conflict between civil and common law discovery rights, the basic procedures of the Convention, and the morass of district court decisions leading up to the Supreme Court’s decision in Aérospatiale. Next, the article will discuss lower court decisions which exemplify the difficulties inherent in the application of the comity analysis set forth by the Supreme Court in Aérospatiale. Finally, the proposed amendments to the Federal Rules are commented upon, leading hopefully to an alternative formulation by which litigants may obtain worthwhile discovery abroad without unduly encroaching upon the foreign sovereignty of signatory states.
Recommended Citation
Cotter, Mark A.
(1991)
"The Hague Convention: Selfish U.S. Interpretation Aggravates Foreign Signatories and Mandates Changes to Federal Discovery Rules,"
Florida Journal of International Law: Vol. 6:
Iss.
2, Article 3.
Available at:
https://scholarship.law.ufl.edu/fjil/vol6/iss2/3