This Note addresses the article 10(a) controversy and argues that the provision should be interpreted as not authorizing service by mail. Part I establishes that application of the Convention is mandatory, and that it supersedes inconsistent methods of service authorized by federal or state law. Part I then discusses the proper methods of interpreting international treaties. Part II applies these methods of treaty interpretation to the article 10(a) controversy, and argues that the article does not authorize service by mail. Part III addresses other considerations for courts and practitioners, including the availability of mail service under article 19 whenever mail service is permitted by the internal law of the receiving nation. Part III argues that such considerations favor interpreting article 10(a) not to authorize service of process by mail.
L. A. Cooper,
International Service of Process by Mail Under the Hague Service Convention,
Mich. J. Int'l L.
Available at: https://repository.law.umich.edu/mjil/vol13/iss3/4