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/lp/oxford-university-press/bypassing-the-hague-evidence-convention-private-international-law-0cC9jE2D9K
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- Publisher
- Oxford University Press
- Copyright
- © 2007 by The American Society of Comparative Law, Inc.
- ISSN
- 0002-919X
- eISSN
- 2326-9197
- DOI
- 10.1093/ajcl/55.2.205
- Publisher site
- See Article on Publisher Site
Abstract
AbstractNew technologies for video and audio conferencing have made it possible to take testimony or depositions directly from witnesses in remote locations. This article considers the private international law issues that arise when a witness in one country gives evidence directly via conferencing technology to a court in another. The probative force of evidence given remotely from another country is affected if there is no effective sanction for perjury or contempt by the witness, or if the witness claims a privilege that would not be available in the jurisdiction where the court sits. The Hague Evidence Convention makes no provision for such situations, which must therefore be resolved by national law. This article undertakes a comparative analysis of the relevant law in several common law countries and stresses the need for a uniform international solution. Unless the Hague Evidence Convention provides that solution, it will become superseded in practice, at least so far as the evidence of witnesses is concerned.
Journal
American Journal of Comparative Law – Oxford University Press
Published: Apr 1, 2007