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 14: New challenges in the context of recognition and enforcement of judgments

Andrea Bonomi

Abstract

While recognition and enforcement of foreign decisions is at the core of private international law, we are still far from reaching a satisfactory common threshold in this area. Among the reasons for existing hurdles, lack of trust in the legal and judicial systems of foreign countries is paramount. While the European system, premised on mutual trust, allows the requirements for recognition to be reduced to a minimum, trust is more difficult to build on a global scale. In this chapter we argue that, paradoxically, specific grounds for denial, explicitly tailored to address the issue of lack of trust (such as so-called ‘systemic lack of due process’), can help to open up the recognition systems, thus preventing the abuse of other existing hurdles, such as jurisdiction filters or reciprocity. Arguably, the success of the ongoing Hague Judgment Project also depends on the ability to effectively address the ‘trust issue’ through appropriate tools.

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