International Judicial Liaison

The Hague Conference published 'Emerging Guidance' in respect of international judicial liaison. This has been a topic of considerable discussion over the years as a result of disagreements as to the manner in which liaison should occur and what can be the appropriate subject matter of liaison. The USA statutes provide for inter-state liaison which, when it involves anything other than purely administrative matters, requires that the parties be given the opportunity to participate and to make factual and legal submissions. In the UK no statute permits such an approach. The Emerging Guidance emphasises the limits of liaison and the need to operate within national constitutional boundaries.