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2 Judgments Recognition in the Absence of the Judgments Convention

From: The 2019 Hague Judgments Convention

Ronald A. Brand, Michael S. Coffee, Paul Herrup

From: Oxford Legal Research Library (http://olrl.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 23 July 2024

Common law recognition — Recognition and enforcement of foreign judgments

This chapter notes the recognition and enforcement of judgments in the absence of the Hague Judgment Convention. The recognition and enforcement of judgments from the other States' courts involve the recognition of a sovereign judicial act of one State by the sovereign judicial system of another State and the respect for the foreign legal system. Despite the significance of judgment recognition in a domestic legal system, only a limited number of multilateral legal instruments existed that covered the law of cross-border judgment recognition. The chapter explains the Hague Conference on Private International Law’s history of efforts to adopt a successful convention on the recognition and enforcement of foreign judgments. It also looks into the basic types of national law approaches to judgment recognition.

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