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This book provides the first detailed analysis of recognition and enforcement of foreign judgments and awards in civil and commercial matters from a transnational perspective. This perspective facilitates greater understanding of the present state of recognition and enforcement and offers insight into the establishment and operation of key modern instruments. This book represents a timely contribution, as instruments harmonising and promoting recognition and enforcement are increasingly being considered and implemented internationally. Many countries have recently reiterated their commitment to improving access to justice and have indicated an intention to sign one or both of the treaties designed to harmonise and promote recognition and enforcement of civil and commercial judgments internationally: the 2005 Choice of Court Convention or the 2019 Judgments Convention. This book is an essential resource for policymakers, scholars, and intergovernmental organisations to understand the nature and origin of recognition and enforcement approaches, as well as their application, interpretation, and future directions.

Judgments, Foreign. --- Foreign judgments --- Conflict of laws --- Judicial assistance

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This book analyses, comments and further develops on the most important instrument of the Hague Conference on Private International Law (HCCH): the HCCH 2019 Judgments Convention. The HCCH Convention, the product of decades of work, will have a transformative effect on global judicial cooperation in civil matters. This book explores its 'mechanics', i.e. the legal cornerstones of the new Convention (Part I), its prospects in leading regions of the world (Part II), and offers an overview and comment on its outlook (Part III). Drawing on contributions from world-leading experts, this magisterial and ambitious work will become the reference work for law-makers, judges, lawyers and scholars in the field of private international law.

Judgments, Foreign --- Convention on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters (2019 July 2). --- Judgments, Foreign. --- Arbitration, mediation & alternative dispute resolution --- Civil procedure, litigation & dispute resolution --- Private international law & conflict of laws --- Convention on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters

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Intolerant Justice examines how national legal systems handle dilemmas of international cooperation: Should our citizens stand trial in foreign courts that do not meet our standards? Should we extradite offenders to countries with a poor human rights record? Should we enforce rulings issued by foreign judges whose values are different from our own? This book argues that ethnocentrism-the human tendency to divide the world into superior in-groups and inferior out-groups-fuels fear and mistrust of foreign justice and sparks domestic political controversies: while skeptics portray foreign legal systems as a danger and threat, others dismiss these concerns. The book traces this dynamic in a range of cases, including the American hesitation to allow criminal trials of troops in the courts of NATO countries; the debate over the proper venue for trying Europeans who joined ISIS as foreign fighters; the dilemma of extradition to China; the British debate over extradition to the U.S. and the EU; the European wariness toward U.S. civil judgments; the American-British divide over free speech and libel suits; the establishment of mutual legal assistance treaties; and cooperation against child abduction. Despite the growing role of law and courts in international politics, Intolerant Justice suggests that cooperation among legal systems often meets resistance-and it shows how this resistance can be overcome.

Exterritoriality --- Legal status --- Extraterritoriality --- Jurisdiction, Exterritorial --- International law --- Capitulations --- Universal jurisdiction --- Law and legislation --- national law. --- international cooperation. --- legal status. --- cross-border cooperation. --- judicial cooperation. --- rule of law. --- Exterritoriality. --- Noncitizens --- Criminal justice, Administration of --- Judgments, Foreign --- Judicial assistance --- Conflict of laws --- Legal status, laws, etc. --- International cooperation --- Choice of law --- Intermunicipal law --- International law, Private --- International private law --- Private international law --- Law --- Legal polycentricity --- Civil procedure --- Criminal procedure --- Foreign judgments --- Principle of universality (International law) --- Quasi-universal jurisdiction --- Universal criminal jurisdiction --- Universality principle (International law) --- Criminal jurisdiction --- Jurisdiction (International law) --- Aliens --- Enemy aliens --- Expatriates --- Foreign population --- Foreign residents --- Foreigners --- Illegal aliens --- Illegal immigrants --- Non-citizens --- Resident aliens --- Unauthorized immigrants --- Undocumented aliens --- Undocumented immigrants --- Unnaturalized foreign residents --- Persons --- Civil law --- Universal jurisdiction. --- Judgments, Foreign. --- Judicial assistance. --- Conflict of laws. --- International cooperation.

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European law --- International private law --- Family law. Inheritance law --- Droit international privé --- Enlèvement de mineurs par les parents. --- Parents et enfants (droit) --- Entraide judiciaire européenne. --- Divorce --- Garde des enfants --- Union européenne --- Conflict of laws --- Divorce (Droit international privé) --- Parental kidnapping --- Enlèvement d'enfant par les parents --- Mariage (Droit international privé) --- Parents et enfants (Droit international privé) --- Voies d'exécution (Droit international privé) --- Juridiction (Droit international privé) --- Judgments, Foreign --- Jugements étrangers --- Judicial assistance --- Entraide judiciaire internationale --- Law and legislation --- Droit --- Marriage --- Parent and child --- Executions --- Jurisdiction --- Entraide judiciaire européenne