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26 Unif. L. Rev. 1 (2021)

handle is hein.journals/droit2021 and id is 1 raw text is: Is specific jurisdiction dead and did we murder it? An appraisal of the Brussels la Regulation in the globalizing context of the HCCH 2019 Judgments Convention Michiel Poesen* Abstract Specific jurisdiction in the European Union (EU) is in a state of flux. While its theoretical foundation varies among legal systems, the explanatory model in EU law- established by the Brussels la Regulation-is the close geographical connection between a dispute's subject matter and a court. It is believed that the court with such a connection is best positioned to judge the matter. Therefore, Article 7 of the Brussels la Regulation allocates jurisdiction over subject matters as broadly defined as contracts and torts to the court of an array of predetermined locations. However, in reality the courts so identified will not always have a close connection to the dispute. Nonetheless, the court of that place has jurisdiction. This article will evaluate the legit- imacy of denying a more concrete role to the linkage between a forum and a dispute. It will also contrast the current state of play in the EU with the approach taken in the jurisdictional filters featuring in the 2019 Hague Judgments Convention. I. Introduction Administering civil justice is not a purely domestic matter. The global and re- gional integration that has characterized the 20th century has brought about an unseen growth of interactions that transcend the borders of States. In turn, na- tional justice systems have become increasingly entangled. In an attempt to manage encounters with foreign litigants and judgments, regional organizations and national legislatures have been putting effort into shaping instruments that coordinate (i) the civil jurisdiction of State courts over foreign litigants and (ii) the recognition and enforcement (R&E) of foreign judgments. An important *Michiel Poesen, PhD candidate, KU Leuven, Belgium. Email: michiel.poesen@kuleuven.be. An ear- lier version of this article was presented at the Conflict of Laws Section of the 2020 Society of Legal Scholars Annual Conference, convened by Prof MAire Ni Sh6illeabhain and Prof Andrew Dickinson. I am grateful to everyone who contributed to the article by reviewing it, discussing it with me, and commenting on it. © The Author(s) (2021). Published by Oxford University Press on behalf of UNIDROIT. All rights reserved. For permissions, please email journals.permissions@oup.com Unif. L Rev.,

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