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Asian-African Legal Consultative Committee: Model Text for Bilateral Agreements on the Taking of Evidence*

Published online by Cambridge University Press:  27 February 2017

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Type
Treaties and Agreements
Information
International Legal Materials , Volume 25 , Issue 4 , August 1986 , pp. 920 - 956
Copyright
Copyright © American Society of International Law 1986

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Footnotes

*

[Reproduced from the text provided to International Legal Materials by the Asian-African Legal Consultative Committee. The model text was approved by the Aalcc at its Arusha Session, February 3-10, 1986. In 1976, the Aalcc initiated a project on promoting a regional convention in Asia and Africa along the lines of the Inter-American Convention. After four years of study, the Committee came to the conclusion that it would be of greater practical value to start with bilateral arrange-ments between interested governments. An expert group met at The Hague in June 1985, with the participation of the Aalcc, the Hague Conference on Private International Law, the Commonwealth Secretariat and the Arab League. The model text was approved with some changes at Arusha. There is nothing in the Aalcc draft model which is inconsistent with the Hague Conventions or the Regional Conventions in force. Explanatory notes on the model text appear at I.L.M. page 934.]

References

* In negotiating these Arrangements Governments may choose to include either sub-paragraph (c) or (d).These sub-paragraphs cover the same ground i.e. they allow the refusal of letters of request,issued in the context of pre-trial discovery of documents, which seek to obtain testimony on, or production of, unspecified documents(“fishing expeditions”).

* The Contracting Parties whilst negotiating may consider which of these modes, if any are to be included in the bilateral Arrangements.