The Internet may be the force that revives international law, for those who have always considered that international law lacks dynamism. An interesting international convention, that may eventually be relevant for Internet disputes, is the Convention on Taking Evidence Abroad on Civil or Commercial Matters (CTEA), also known as the Hague Evidence Convention. This convention was signed by the United States (US) on March, 1970, and entered into force on October 7, 1972. The CTEA plays a vital role in sharing evidence among the signatory countries' judicial authorities.
CTEA allows judicial authorities of the Contracting States to share evidence among them. In civil or commercial matters, judicial authorities may issue a "Letter of Request" in which they request the competent judicial authority of another Contracting States to obtain evidence or to perform some other judicial act. The expression "to perform some other judicial act" does not cover the service of judicial documents, execution or enforcement of orders, or orders from provisional or protective measures. The Letter of Request may only be used to obtain evidence intended for use in judicial proceedings that have already commenced or are being contemplated.
The Letter of Request shall include the following information, "(1) the authority requesting its execution and the authority requested to execute it, if known to the requesting authority; (2) the names and addresses of the parties to the proceedings and their representatives, if any; (3) the nature of the proceedings for which the evidence is required, giving all necessary information in regard thereto; (4) the evidence to be obtained or other judicial act to be performed." When appropriate, the Letter of Request shall specify "(5) the names and addresses of the persons to be examined; (6) the questions to be put to the persons to be examined or a statement of the subject-matter about which they are to be examined; (7) the documents or other property, real or personal, to be inspected; (8) any requirement that the evidence is to be given on oath or affirmation, and any special form to be used; (9) any special method or procedure to be followed under Article 9. No legalization or any other formality is required. Each contracting state will designate a central authority which will receive the Letters of Request; federal states may designate more than one central authority. The Letter of Request must be in the language of the authority to execute it. However, a Contracting State shall accept the Letter of Request in either English or French.
Actions under the Letter of Request will be performed according the domestic law of the Contracting State to execute it. For instance, the person concerned may refuse to provide testimony and claim a privilege or duty under domestic law or the law of the origin of the letter. A Contracting State may refuse to execute a Letter of Request only in two occasions: (1) when the action requested is not within its judiciary duties; and (2) when the state addressed considers that its sovereignty or security may be compromised.
The Hague Evidence Convention is currently in force in the following countries, Anguilla, Aruba, Australia, Barbados, Bulgaria, Cayman Islands, China, Cyprus, Czech Republic, Denmark, Djibouti, Estonia, Falkland Islands, Finland, France, French Guiana, French Polynesia, Germany, Gibraltar, Guadeloupe, Guernsey, Hong Kong Sar, Isle of Man, Israel, Italy, Jersey, Latvia, Luxemburg, Macao Sar, Martinique, Mexico, Monaco, Netherlands, Norway, Poland, Portugal, Saint Pierre and Miquelon, Singapore, Slovak Republic, Sovereign Base Areas of Akrotiri and Dhekelia, Spain, Sweden, Switzerland, United Kingdom, United States, Venezuela.