Full Description
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.
Contents
1. General Introduction
I. Background of Study
II. Research Problem
III. Research Questions
IV. Methodology
V. Significance of the Study
VI. Literature Review
VII. Conceptual Clarification
VIII. Structure of the Book
PART I
THEORETICAL FRAMEWORKS FOR JUDGMENTS RECOGNITION AND ENFORCEMENT
2. Recognition and Enforcement of Foreign Judgments: Theoretical Background
I. Introduction
II. Theoretical Bases for Enforcement of Foreign Judgments
III. Conclusion
3. A Pragmatic Model for Recognition and Enforcement of Foreign Judgments
I. Introduction
II. Pragmatism as a Philosophical Thought
III. Pragmatism as a Legal Theory
IV. Legal Pragmatism Today
V. Legal Pragmatism in Private International Law
VI. A Pragmatic Approach to Recognition and Enforcement of Foreign Judgments
VII. Conclusion
PART II
COMMONWEALTH MODEL LAW ON THE RECOGNITION AND ENFORCEMENT OF FOREIGN JUDGMENTS
4. Foreign Judgments Enforcement in the Commonwealth
I. Introduction
II. The Commonwealth
III. Civil Justice and Cooperation in the Commonwealth
IV. The 1920 and 1933 Statutory Schemes
V. Conclusion
5. Commonwealth Model Law
I. Introduction
II. Preliminaries
III. Excluded Matters
IV. International Jurisdiction
V. Recognition, Enforcement and Defences
VI. Other Sundry Matters
VII. Conclusion
PART III
HAGUE CONVENTIONS
6. The Hague Judgments Project: Pre-2019 Attempts
I. Introduction
II. International Harmonisation of Foreign Judgments Laws
III. HCPIL: History of the Hague Judgments Project
IV. HCCA
V. Conclusion
7. 2019 Hague Judgments Convention
I. Introduction
II. Pragmatism in the Negotiation of the Convention
III. Scope and Exclusions
IV. International Jurisdiction
V. Refusal of Recognition
VI. Other Sundry Matters
VII. Has the Convention Met the Practical Needs of Litigants?
VIII. Conclusion
8. Summary of Findings and Conclusion
I. Summary
II. Conclusion
III. Contributions to Knowledge and Avenues for Further Research
