論文

査読有り
2017年

Reciprocity and the recognition and enforcement of foreign judgments: a lot of bark but not much bite

JOURNAL OF PRIVATE INTERNATIONAL LAW
  • Beligh Elbalti

13
1
開始ページ
184
終了ページ
218
記述言語
英語
掲載種別
研究論文(学術雑誌)
DOI
10.1080/17441048.2017.1304546
出版者・発行元
ROUTLEDGE JOURNALS, TAYLOR & FRANCIS LTD

This article's main purpose is to analyse the implications of some recent developments relating to reciprocity on the practice of the recognition and enforcement of foreign judgments. It shows that reciprocity has become a toothless principle that should not pose serious concern. It also argues that even if it is not abolished entirely, reciprocity no longer plays a significant role in the field of the recognition and enforcement of foreign judgments, and therefore, should not be an issue of concern for jurisdictions that accept the principle of recognition. This is because, the test for establishing reciprocity has now become so relaxed that the requirement will normally be met if it is shown that the courts of the rendering State are likely to recognize the enforcing State's judgments. In other words, reciprocity can prove to be a serious hurdle only when it comes to the recognition of judgments rendered in a State that manifestly adheres to an unduly restrictive recognition regime such as regimes where recognition and enforcement are subject to the existence of a treaty or based on the outdated practice of revision au fond.

Web of Science ® 被引用回数 : 8

リンク情報
DOI
https://doi.org/10.1080/17441048.2017.1304546
Web of Science
https://gateway.webofknowledge.com/gateway/Gateway.cgi?GWVersion=2&SrcAuth=JSTA_CEL&SrcApp=J_Gate_JST&DestLinkType=FullRecord&KeyUT=WOS:000401526800007&DestApp=WOS_CPL

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