The Circulation Of Judgments Under The Draft Hague Judgments Convention

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The Circulation of Judgments Under the Draft Hague Judgments Convention

Author : Ronald A. Brand
Publisher :
ISBN 13 :
Total Pages : 36 pages
Book Rating : 4.:/5 (13 download)

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Book Synopsis The Circulation of Judgments Under the Draft Hague Judgments Convention by : Ronald A. Brand

Download or read book The Circulation of Judgments Under the Draft Hague Judgments Convention written by Ronald A. Brand and published by . This book was released on 2019 with total page 36 pages. Available in PDF, EPUB and Kindle. Book excerpt: The 2018 draft of a Hague Judgments Convention adopts a framework based largely on what some have referred to as “jurisdictional filters.” Article 5(1) provides a list of thirteen authorized bases of indirect jurisdiction by which a foreign judgment is first tested. If one of these jurisdictional filters is satisfied, the resulting judgment is presumptively entitled to circulate under the convention, subject to a set of grounds for non-recognition that generally are consistent with existing practice in most legal systems. This basic architecture of the Convention has been assumed to be set from the start of the Special Commission process, and will be key to the Convention's acceptability to countries which might ratify or accede to any final Convention. An alternative approach to convention architecture, which would allow the test for judgment circulation to be built on as few as four rules, was considered and passed over in the earlier Working Group which preceded the Special Commission process. This article discusses the advantages and disadvantages of each of the 2018 draft Convention text as well as the alternative approach. It then suggests that, no matter which approach one considers to be better, the 2019 Diplomatic Conference should begin with an awareness of both options, and an understanding of the advantages and disadvantages of each, and move forward with a clear decision that the option chosen is the best alternative. Such consideration may (1) lead to the conclusion that the choices already made are the best for a multilateral treaty; (2) result in a determination that an alternative approach is a better option; or (3) demonstrate that one approach works best for some legal systems while another approach works best for other legal systems-leading to dual texts that could form the bases for differing bilateral and multilateral treaty relationships across the globe, while still improving the global framework for the recognition and enforcement of foreign judgments.

The Hague Preliminary Draft Convention on Jurisdiction and Judgments

Author : Fausto Pocar
Publisher : Wolters Kluwer Italia
ISBN 13 : 9788813260330
Total Pages : 388 pages
Book Rating : 4.2/5 (63 download)

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Book Synopsis The Hague Preliminary Draft Convention on Jurisdiction and Judgments by : Fausto Pocar

Download or read book The Hague Preliminary Draft Convention on Jurisdiction and Judgments written by Fausto Pocar and published by Wolters Kluwer Italia. This book was released on 2005 with total page 388 pages. Available in PDF, EPUB and Kindle. Book excerpt: Proceedings consider the disagreements between the United States and Europe over recommendations made in the 1999 preliminary draft of the Hague Conference on Private International Law.

On the Common Courts Provision Under the Draft Hague Convention on the Recognition and Enforcement of Foreign Judgments

Author : Zhenqiu QIAN
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (129 download)

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Book Synopsis On the Common Courts Provision Under the Draft Hague Convention on the Recognition and Enforcement of Foreign Judgments by : Zhenqiu QIAN

Download or read book On the Common Courts Provision Under the Draft Hague Convention on the Recognition and Enforcement of Foreign Judgments written by Zhenqiu QIAN and published by . This book was released on 2020 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The common courts provision is a key clause with a debate among different countries in the negotiation of the Draft Hague Judgment Convention. Traditionally, the courts are affiliated with the judicial system of a country, but the common courts in nature are the international courts that deal with international civil and commercial disputes. Therefore, the Draft Hague Convention is required to redefine the “judgment of the court” and“court of origin”. In order to guarantee the effective implementation of the provision, the recognition and enforcement of the judgments rendered by the common courts still have to satisfy the requirements of the declaration required by the Convention, in addition to the conditions declaration of the Convention. Meanwhile, the common courts provision can also promote China' s international civil litigation system, facilitate the participation in the global judicial competition, and create judicial cooperation with other countries through the establishment or joint establishment of the common courts.

Recognition and Enforcement of Judgments in Civil and Commercial Matters

Author : Anselmo Reyes
Publisher : Bloomsbury Publishing
ISBN 13 : 1509924272
Total Pages : 411 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Recognition and Enforcement of Judgments in Civil and Commercial Matters by : Anselmo Reyes

Download or read book Recognition and Enforcement of Judgments in Civil and Commercial Matters written by Anselmo Reyes and published by Bloomsbury Publishing. This book was released on 2019-09-19 with total page 411 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection offers a study of the regimes for the recognition and enforcement of foreign commercial judgments in 15 Asian jurisdictions: mainland China, Hong Kong, Taiwan, Japan, Korea, Malaysia, Singapore, Thailand, Vietnam, Cambodia, Myanmar, the Philippines, Indonesia, Sri Lanka and India. For practising lawyers, the book is intended as a practical guide to current law and procedures for enforcing judgments in the selected jurisdictions. However, it does not stop at describing current law and practice. Of interest to academics and students, it also analyses the common principles of the enforcement regimes across the jurisdictions, and identifies what should be regarded as the norm for enforcement in Asian countries for the purpose of attracting foreign direct investment and catalysing rapid economic development. In light of the common principles identified, the book explores how laws in Asia may generally be improved to enable judgments to be more readily enforced, while ensuring that legitimate concerns over indirect jurisdiction, due process and domestic public policy are respected and addressed. With this in mind, the book discusses the potential impact that the adoption of the 2005 Hague Convention on Choice of Court Agreements might have on Asian jurisdictions; it also considers the potential impact of the convention for the enforcement of judgments in civil and commercial matters presently being drafted by the Hague Conference on Private International Law. This timely book argues that it is imperative to adopt a uniform system for the recognition and enforcement of judgments throughout Asia if there is to be traction for the enhanced cross-border commerce that is expected to result from endeavours such as the ASEAN Economic Community (AEC), the Belt and Road Initiative (BRI), CPTPP (also known as TPP-11), and RCEP.

The Hague Judgments Convention and Commonwealth Model Law

Author : Abubakri Yekini
Publisher : Bloomsbury Publishing
ISBN 13 : 1509947094
Total Pages : 312 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis The Hague Judgments Convention and Commonwealth Model Law by : Abubakri Yekini

Download or read book The Hague Judgments Convention and Commonwealth Model Law written by Abubakri Yekini and published by Bloomsbury Publishing. This book was released on 2021-08-12 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book undertakes a systematic analysis of the 2019 Hague Judgments Convention, the 2005 Hague Choice of Court Convention 2005, and the 2017 Commonwealth Model Law on recognition and Enforcement of Foreign Judgments from a pragmatic perspective. The book builds on the concept of pragmatism in private international law within the context of recognition and enforcement of judgments. It demonstrates the practical application of legal pragmatism by setting up a toolbox (pragmatic goals and methods) that will assist courts and policymakers in developing an effective and efficient judgments' enforcement scheme at national, bilateral and multilateral levels. Practitioners, national courts, policymakers, academics, students and litigants will benefit from the book's comparative approach using case law from the United Kingdom and other leading Commonwealth States, the United States, and the Court of Justice of the European Union. The book also provides interesting findings from the empirical research on the refusal of recognition and enforcement in the UK and the Commonwealth statutory registration schemes respectively.

The HCCH 2019 Judgments Convention

Author : Matthias Weller
Publisher : Bloomsbury Publishing
ISBN 13 : 1509959548
Total Pages : 407 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis The HCCH 2019 Judgments Convention by : Matthias Weller

Download or read book The HCCH 2019 Judgments Convention written by Matthias Weller and published by Bloomsbury Publishing. This book was released on 2023-05-18 with total page 407 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyses, comments and further develops on the most important instrument of the Hague Conference on Private International Law (HCCH): the HCCH 2019 Judgments Convention. The HCCH Convention, the product of decades of work, will have a transformative effect on global judicial cooperation in civil matters. This book explores its 'mechanics', i.e. the legal cornerstones of the new Convention (Part I), its prospects in leading regions of the world (Part II), and offers an overview and comment on its outlook (Part III). Drawing on contributions from world-leading experts, this magisterial and ambitious work will become the reference work for law-makers, judges, lawyers and scholars in the field of private international law.

Promoting Foreign Judgments

Author : Pontian N. Okoli
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403511125
Total Pages : 356 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis Promoting Foreign Judgments by : Pontian N. Okoli

Download or read book Promoting Foreign Judgments written by Pontian N. Okoli and published by Kluwer Law International B.V.. This book was released on 2019-10-07 with total page 356 pages. Available in PDF, EPUB and Kindle. Book excerpt: In many African countries, litigants experience significant uncertainty in their attempts to enforce foreign judgments. Drawing on the experiences of the United Kingdom and the United States (vis-à-vis efforts to attain an effective global legal framework on foreign judgments), this book undertakes a comparative analysis of how South African and Nigerian courts can promote the recognition and enforcement of foreign judgments in a fair manner. This comparative analysis is made considering both African countries as paradigms of their respective legal traditions. The author, a legal consultant and academic in private international law analyses, stage by stage, the challenging process that litigants face when they seek to enforce foreign judgments in South Africa and Nigeria. This analysis includes insightful consideration of broader issues such as the following: how challenges faced by judgment creditors may be circumvented; practical issues impeding the free movement of foreign judgments; impact of globalisation, increase in international commercial transactions, and regionalism on private international law; application of ‘fairness’; how territorial sovereignty and State interests in international commerce impede the free movement of foreign judgments; and ‘qualified obligation’, under which courts would presumptively enforce foreign judgments subject to certain exceptions and to the balancing of competing interests between private litigants and the State. The comparative analysis is undergirded by relevant case law – spanning decades in Africa and centuries in Europe and the United States. In summary, the author projects a clear case for predictability and certainty in the recognition and enforcement of foreign judgments, as well as how to go about it, thus offering lawyers a strategic position to weigh their options in contemplating enforcement of foreign judgments in any jurisdiction even beyond the African region. This innovative approach will also be of particular value to policymakers at national levels, international and regional economic organisations, as well as scholars in private international law and international commercial law generally. This is regardless of their specific legal area or niche, especially considering the dearth of literature in African private international law.

Emerging Powers and the World Trading System

Author : Gregory Shaffer
Publisher : Cambridge University Press
ISBN 13 : 1108495192
Total Pages : 345 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis Emerging Powers and the World Trading System by : Gregory Shaffer

Download or read book Emerging Powers and the World Trading System written by Gregory Shaffer and published by Cambridge University Press. This book was released on 2021-07-22 with total page 345 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explains the rise of China, India, and Brazil in the international trading system, and the implications for trade law.

Private International Law in Commonwealth Africa

Author : Richard Frimpong Oppong
Publisher : Cambridge University Press
ISBN 13 : 0521199697
Total Pages : 559 pages
Book Rating : 4.5/5 (211 download)

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Book Synopsis Private International Law in Commonwealth Africa by : Richard Frimpong Oppong

Download or read book Private International Law in Commonwealth Africa written by Richard Frimpong Oppong and published by Cambridge University Press. This book was released on 2013-09-12 with total page 559 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comprehensive and in-depth analysis of how courts in the countries of Commonwealth Africa decide claims under private international law.

When Private International Law Meets Intellectual Property Law

Author : World Intellectual Property Organization
Publisher : WIPO
ISBN 13 : 9280529137
Total Pages : 92 pages
Book Rating : 4.2/5 (85 download)

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Book Synopsis When Private International Law Meets Intellectual Property Law by : World Intellectual Property Organization

Download or read book When Private International Law Meets Intellectual Property Law written by World Intellectual Property Organization and published by WIPO. This book was released on 2019-10-15 with total page 92 pages. Available in PDF, EPUB and Kindle. Book excerpt: Co-published by WIPO and the Hague Conference on Private International Law, this guide is a pragmatic tool, written by judges, for judges, examining how private international law operates in intellectual property (IP) matters. Using illustrative references to selected international and regional instruments and national laws, the guide aims to help judges apply the laws of their own jurisdiction, supported by an awareness of key issues concerning jurisdiction of the courts, applicable law, the recognition and enforcement of judgments, and judicial cooperation in cross-border IP disputes.

The Elgar Companion to the Hague Conference on Private International Law

Author : Thomas John
Publisher : Edward Elgar Publishing
ISBN 13 : 1788976509
Total Pages : 544 pages
Book Rating : 4.7/5 (889 download)

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Book Synopsis The Elgar Companion to the Hague Conference on Private International Law by : Thomas John

Download or read book The Elgar Companion to the Hague Conference on Private International Law written by Thomas John and published by Edward Elgar Publishing. This book was released on 2020-12-25 with total page 544 pages. Available in PDF, EPUB and Kindle. Book excerpt: This comprehensive Companion is a unique guide to the Hague Conference on Private International Law (HCCH). Written by international experts who have all directly or indirectly contributed to the work of the HCCH, this Companion is a critical assessment of, and reflection on, past and possible future contributions of the HCCH to the further development and unification of private international law.

Ristau's International Judicial Assistance

Author : David W. Bowker
Publisher : Oxford University Press
ISBN 13 : 0197578721
Total Pages : 345 pages
Book Rating : 4.1/5 (975 download)

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Book Synopsis Ristau's International Judicial Assistance by : David W. Bowker

Download or read book Ristau's International Judicial Assistance written by David W. Bowker and published by Oxford University Press. This book was released on 2021-10-28 with total page 345 pages. Available in PDF, EPUB and Kindle. Book excerpt: Legal practitioners of today are dealing with cross-border disputes in civil and commercial matters in an increasingly complex transnational legal environment. This edition of Bruno Ristau's multi-volume work International Judicial Assistance brings these complexities to the fore. The revised and updated material offers background, explanations, and practical advice on how to deal with the most important challenges and recent developments in the field of transnational litigation, including issues related to the choice of forum, choice of law, service of process, proof of foreign law, discovery of evidence, and enforcement of judgments. Written by Stewart and Bowker, experts in public and private international law, this book offers insightful and comprehensive information on cross-border litigation by addressing issues in sequence as they are likely to be encountered in practice. A major focus is the mechanisms for international judicial cooperation and assistance, in particular those provided by regional and international arrangements such as the Hague Conventions on Service, Evidence and Apostilles, choice of court agreements, and the enforcement of judgments, as well as regional arrangements within the OAS and the EU. This book is a necessary addition for litigators in the U.S. and other common law jurisdictions who are involved in cross border disputes.

Direct Jurisdiction

Author : Anselmo Reyes
Publisher : Bloomsbury Publishing
ISBN 13 : 1509936440
Total Pages : 441 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Direct Jurisdiction by : Anselmo Reyes

Download or read book Direct Jurisdiction written by Anselmo Reyes and published by Bloomsbury Publishing. This book was released on 2021-08-26 with total page 441 pages. Available in PDF, EPUB and Kindle. Book excerpt: The second thematic volume in the series Studies in Private International Law – Asia looks into direct jurisdiction, that is, the situations in which the courts of 15 key Asian states (Mainland China, Hong Kong, Taiwan, Japan, South Korea, Malaysia, Singapore, Thailand, Vietnam, Cambodia, Myanmar, the Philippines, Indonesia, Sri Lanka, and India) are prepared to hear a case involving cross-border elements. For instance, where parties are habitually resident abroad and a dispute has only some, little or no connection with an Asian state, will the courts of that state accept jurisdiction and hear the case and (if so) on what conditions? More specifically, the book's chapters explore the circumstances in which different Asian states assume or decline jurisdiction not just in commercial matters, but also in other types of action (such as family, consumer and employment disputes). The Introduction defines terminology and identifies similarities in the approaches to direct jurisdiction taken by the 15 Asian states in civil and commercial litigation. Taking its cue from this, the Conclusion assesses whether there should be a multilateral convention or soft law instrument articulating principles of direct jurisdiction for Asia. The Conclusion also discusses possible trajectories that Asian states may be taking in respect of direct jurisdiction in light of the COVID-19 pandemic and the political tensions currently besetting the world. The book suggests that enacting suitable rules of direct jurisdiction requires an Asian state to strike a delicate balance between affording certainty and protecting its nationals. At heart, direct jurisdiction involves sometimes difficult policy considerations and is not just about drawing up lists of jurisdictional grounds and exceptions to them.

Conflict of Laws and the Internet

Author : Pedro De Miguel Asensio
Publisher : Edward Elgar Publishing
ISBN 13 : 1035315130
Total Pages : 561 pages
Book Rating : 4.0/5 (353 download)

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Book Synopsis Conflict of Laws and the Internet by : Pedro De Miguel Asensio

Download or read book Conflict of Laws and the Internet written by Pedro De Miguel Asensio and published by Edward Elgar Publishing. This book was released on 2024-05-02 with total page 561 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this thoroughly revised second edition, Pedro De Miguel Asensio presents a practical analysis of jurisdiction, choice of law, and recognition and enforcement of judgments in the context of online activities, examining areas where private legal relationships are most affected by the Internet. Addressing the tension between the ubiquity of the Internet and the territorial nature of national legal orders, the author sets out the latest developments across multiple jurisdictions in this dynamic field.

Protecting the right to freedom of expression under the European Convention on Human Rights

Author : Bychawska-Siniarska, Dominika
Publisher : Council of Europe
ISBN 13 :
Total Pages : 124 pages
Book Rating : 4./5 ( download)

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Book Synopsis Protecting the right to freedom of expression under the European Convention on Human Rights by : Bychawska-Siniarska, Dominika

Download or read book Protecting the right to freedom of expression under the European Convention on Human Rights written by Bychawska-Siniarska, Dominika and published by Council of Europe. This book was released on 2017-08-04 with total page 124 pages. Available in PDF, EPUB and Kindle. Book excerpt: European Convention on Human Rights – Article 10 – Freedom of expression 1. Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises. 2. The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary. In the context of an effective democracy and respect for human rights mentioned in the Preamble to the European Convention on Human Rights, freedom of expression is not only important in its own right, but it also plays a central part in the protection of other rights under the Convention. Without a broad guarantee of the right to freedom of expression protected by independent and impartial courts, there is no free country, there is no democracy. This general proposition is undeniable. This handbook is a practical tool for legal professionals from Council of Europe member states who wish to strengthen their skills in applying the European Convention on Human Rights and the case law of the European Court of Human Rights in their daily work.

From Judgment to Justice

Author : David C. Baluarte
Publisher :
ISBN 13 :
Total Pages : 198 pages
Book Rating : 4.:/5 (682 download)

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Book Synopsis From Judgment to Justice by : David C. Baluarte

Download or read book From Judgment to Justice written by David C. Baluarte and published by . This book was released on 2010 with total page 198 pages. Available in PDF, EPUB and Kindle. Book excerpt: Despite unquestionable achievements over the past 25 years, the Inter-American, European, African, and UN systems all face tremendous obstacles in translating their verdicts into change on the ground. In many cases, landmark decisions have not yielded meaningful reform. This report by the Open Society Justice Initiative reviews the implementation of judgments across the world's four human rights systems. Working from empirical data as well as interviews conducted with court personnel, human rights advocates, and academics, authors David C. Baluarte and Christian M. De Vos provide a comprehensive review of the dynamics involved in putting international commitments into practice. The report provides recommendations tailored to each system, while also pulling together common points of concern in its final chapter.--Publisher description.

Free Movement of Civil Judgments in the European Union and the Right to a Fair Trial

Author : Monique Hazelhorst
Publisher : Springer
ISBN 13 : 9462651620
Total Pages : 451 pages
Book Rating : 4.4/5 (626 download)

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Book Synopsis Free Movement of Civil Judgments in the European Union and the Right to a Fair Trial by : Monique Hazelhorst

Download or read book Free Movement of Civil Judgments in the European Union and the Right to a Fair Trial written by Monique Hazelhorst and published by Springer. This book was released on 2017-02-27 with total page 451 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the attainment of complete free movement of civil judgments across EU member states from the perspective of its conformity with the fundamental right to a fair trial. In the integrated legal order of the European Union, it is essential that litigants can rely on a judgment no matter where in the EU it was delivered. Effective mechanisms for cross-border recognition and the enforcement of judgments provide both debtors and creditors with the security that their rights, including their right to a fair trial, will be protected. In recent years the attainment of complete free movement of civil judgments, through simplification or abolition of these mechanisms, has become a priority for the European legislator. The text uniquely combines a thorough discussion of EU legislation with an in-depth and critical examination of its interplay with fundamental rights. It contains an over-view and comparison of both ECtHR and CJEU case law on the right to a fair trial, and provides a great number of specific recommendations for current and future legislation. With its critical discussion of EU Regulations from both a practical and a theoretical standpoint, this book is particularly relevant to legislators and policymakers working in this field. Because of the extensive overview of the functioning of the EU’s mechanisms and of relevant case law it provides, the book is also highly relevant to academics and practitioners. Monique Hazelhorst is Judicial Assistant at the Supreme Court of the Netherlands. She studied Law and Legal Research at Utrecht University and holds a Ph.D. in Law from the Erasmus School of Law at Erasmus University Rotterdam.