Richard Frimpong Oppong
Richard Frimpong Oppong
Richard Frimpong Oppong and Pontian N. Okoli
This Chapter considers how the HCCH can become a truly global organisation through an examination of factors that impede its growth, focusing specifically on Africa, a priority region for the HCCH. The authors suggest that there is a need to consider what the HCCH set out to achieve; if the aims have remained consistent; and how the means of attaining such aims can be improved. These considerations are underpinned by representation and participation vis-à-vis themes concerning the family (e.g. protection of children) and international litigation generally (e.g. the recognition and enforcement of foreign judgments). Special attention is given to the involvement of African States with a view to ensuring the HCCH becomes a truly international organisation. The Chapter considers trends, jurisdictional differences, regional approaches, and relevant transaction cost. The authors note that there has been much progress since the HCCH was established: membership has increased, and more countries sign conventions. However, the participation of African States in negotiating processes remains limited. The Chapter concludes that inclusive participation is critical to sustainable growth and to ensure the HCCH becomes a truly global organisation.
Richard Frimpong Oppong and Angela M. Barreto
A recent feature in the landscape of international law is the international and regional courts that allow individuals to bring claims against states. This chapter examines the enforcement of judgments obtained by individuals who successfully litigate before such international courts. It argues that the right to litigate before international courts has not been matched by the institution of a regime that would ensure the effective enforcement of judgments obtained from these courts. While there exist robust and well-tested regimes for enforcing foreign judgments before national courts, no such regime exists with respect to judgments from international courts. The chapter argues that the current mechanisms for enforcing international judgments such as the use of international non-judicial institutions (for example, the United Nations Security Council), self-help, diplomacy and negotiations were designed for inter-state international litigation and are ill-suited for claims brought against states by individuals before international courts. The chapter argues that, for individuals, more judicial and less political methods of enforcement are needed, and the option of using national courts to enforce international judgments is one of the surest ways of enhancing the effectiveness of international judgments, even though it has its own challenges. KEYWORDS: international courts; individual claims; judgment enforcement; self-help; diplomacy and negotiations; national courts