Survey of 1990 Developments in International Law in Connecticut
| Pages | 70 |
| Publication year | 2021 |
65 CBJ 70. SURVEY OF 1990 DEVELOPMENTS IN INTERNATIONAL LAW IN CONNECTICUT
Two significant statutes relating to international law were enacted in Connecticut during 1990, and at least one notable judicial decision relating to international law was handed down by a Connecticut Superior Court(fn1) This article includes a brief report on the congressional legislation implementing the InterAmerican Arbitration Convention because the Connecticut Bar Association's Section of International Law and World Peace played a leading role in securing the enactment of that statute. In addition, because this is the first time the CONNECTICUT BAR JOURNAL has included international law in its annual survey issues, we begin with a brief recitation of some significant Connecticut developments in international law that are recent, but prior to 1990.
In January, 1991, the judiciary Committee of the General Assembly began consideration of an (as yet unnumbered) omnibus bill entitled "An Act Concerning International Obligations and Procedure," which, if passed, will affect many areas of the law and provide the basis for a much longer article in next year's survey.
State law is a minor, but nevertheless important, part of international law, and Connecticut is more advanced than most states in adopting modem statutes in this area. Probably the most important Connecticut statutes on international law from the period 1987 to 1989 are:
A. The Uniform International Wills Act(fn2)
The Uniform International Wills Act provides an alternative set of standards for formal validity of wills, so that a will satisfying either the requirements for an international will or the requirements of other Connecticut laws relating to formal validity (or both, which is advisable and not difficult) will be recognized
in Connecticut. Although only a handful of other U.S. states recognizes international wills (unless, of course, their conflict of laws rules point to a jurisdiction whose statutes provide for the validity of international wills), as of January, 1991, the Convention Providing a Uniform Law on the Form of an International Will (fn3) is in force in eight countries.(fn4)
B. The Uniform Foreign-Money Judgments Recognition Act(fn5) and the Uniform Foreign-Money Claims Act(fn6)
As of January, 1991, the Uniform Foreign-Money Judgments Recognition Act has been adopted in eighteen states and the Uniform Foreign-Money Claims Act in five states. The former Act requires that judgments of foreign courts be given treatment equivalent to the constitutional full faith and credit given to judgments of the courts of other U.S. states, without any requirement of reciprocity, but subject to certain statutory conditions relating to finality, due process, jurisdiction and, in the Connecticut courts' discretion, adequate notice, lack of fraud, consistency with public policy, etc.(fn7) The latter Act authorizes judgments and arbitration awards in currencies other than United States dollars and sets forth procedures for dealing with currency translation. These statutes are discussed further in Part IV infra.
C. The UNCITRAL(fn8) Model Law on International Commercial Arbitration(fn9)
The UNCITRAL Model Law, the result of an international conference in 1985, has had a major influence in modernizing and harmonizing the law relating to international commercial arbitration throughout the world. As of January, 1991, it was in force throughout Canada (both as federal law and as provincial law), in at least one country on each continent except South
America, and in the states of Connecticut, California, Florida, Georgia and Texas.
During its February, 1990, session, the General Assembly adopted House Joint Resolution No. 3, a strongly worded resolution addressing the problem of obtaining child and spousal support when the parties are in different countries. For example, a parent living in France may not be paying the court-ordered child support for a child living in Connecticut. This is an increasing problem as the population becomes more mobile and divorce more common.
The resolution urges the United States to become a party to the 1956 United Nations ECOSOC(fn10) Convention on the Recovery Abroad of Maintenance Orders(fn11) and the 1973 Hague Convention on the Recognition and Enforcement of Maintenance Obligations.(fn12) The resolution was supported before the General Assembly by Connecticut's Attorney General and the Connecticut Bar Association's Section of International Law and World Peace.
The Hawaiian Legislature adopted an identical resolution based on House Joint Resolution No. 3,(fn13) and the Oregon Bar Association adopted a similar resolution in 1990.(fn14) The Connecticut resolution was discussed favorably in the September, 1990, issue of State Legislatures magazine, published by the National' Conference of State Legislatures.(fn15)...
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