Private International Law
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Private International Law

Contemporary Challenges and Continuing Relevance

Edited by Franco Ferrari and Diego P. Fernández Arroyo

Is Private International Law (PIL) still fit to serve its function in today’s global environment? In light of some calls for radical changes to its very foundations, this timely book investigates the ability of PIL to handle contemporary and international problems, and inspires genuine debate on the future of the field.
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Chapter 13: New challenges in the recognition and enforcement of judgments

Ronald A. Brand

Abstract

The growth of global trade requires the development of private international law consistent with the development of international trade law. The recognition of foreign judgments is a necessary part of both of these areas of the law. There cannot be consistent increase in the free movement of goods, services and capital without the corresponding free movement of judgments. Thus, the law of judgments recognition must develop with an eye on its impact on and its consistency with international trade law. This chapter sets out the current law on judgments recognition in the world’s three largest economies: the United States, the European Union and China. It then considers challenges to the development of judgments recognition law both at the global level and within the United States. At the global level, this requires an assessment of the May 2018 draft text for a Hague Convention on the recognition of foreign judgments. At the national level in the United States, this requires an assessment of the restrictions and problems created by having judgments recognition law largely determined at the state, rather than the federal, level. This has implications for global developments in terms of the ability of the United States to become a party to both the 2005 Hague Convention on Choice of Court Agreements and any new Hague Convention on the recognition of foreign judgments. The chapter concludes with a full list of challenges to judgments recognition law and concerns regarding recent developments.

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