This research review presents a 24-article tour of the topics surrounding the recognition and enforcement of foreign judgments. Written by two leading experts in the field, the review explores different approaches to, and comparative perspectives of, judgment recognition and enforcement. Topics covered include the special issues of the revenue rule and the role of public law, the effects of fraud, the scope of preclusion, and the impact of class actions. The review also looks to the future, considering possible solutions to harmonizing recognition and enforcement and assessing how the development of human rights may impact judgement recognition and enforcement. This review is an essential resource for those studying, researching or practicing in this area.
This research review presents a 24-article tour of the topics surrounding the recognition and enforcement of foreign judgments. Written by two leading experts in the field, the review explores different approaches to, and comparative perspectives of, judgment recognition and enforcement. Topics covered include the special issues of the revenue rule and the role of public law, the effects of fraud, the scope of preclusion, and the impact of class actions. The review also looks to the future, considering possible solutions to harmonizing recognition and enforcement and assessing how the development of human rights may impact judgement recognition and enforcement. This review is an essential resource for those studying, researching or practicing in this area.
Contents:
Acknowledgements
Research Review Linda J. Silberman and Franco Ferrari
PART I APPROACHES TO JUDGEMENT RECOGNITION AND ENFORCEMENT
1. Willis L. M. Reese (1950), ‘The Status in This Country of
Judgments Rendered Abroad’, Columbia Law Review, 50 (6), June,
783–800
2. Arthur T. von Mehren and Donald T. Trautman (1968), ‘Recognition
of Foreign Adjudications: A Survey and a Suggested Approach’,
Harvard Law Review, 81 (8), June, 1601–96
3. Ruth Bader Ginsburg (1969), ‘Recognition and Enforcement of
Foreign Civil Judgments: A Summary View of the Situation in the
United States’, International Lawyer, 4 (4), July, 720–40
4. Courtland H. Peterson (1972), ‘Foreign Country Judgments and the
Second Restatement of Conflict of Laws’, Columbia Law Review, 72
(2), February, 220–66
5. Ronald A. Brand (1991), ‘Enforcement of Foreign Money Judgements
in the United States: In Search of Uniformity and International
Acceptance’, Notre Dame Law Review, 67 (2), 253–334
6. Michael Whincop (1999), ‘The Recognition Scene: Game Theoretic
Issues in the Recognition of Foreign Judgments’, Melbourne
University Law Review, 23 (2), 416–39
PART II COMPARATIVE PERSPECTIVES
7. Arthur Taylor von Mehren (1981), ‘Recognition and Enforcement of
Sister–State Judgments: Reflections on General Theory and Current
Practice in the European Economic Community and the United States’,
Columbia Law Review, 81 (5), June, 1044–60
8. Friedrich K. Juenger (1988), ‘The Recognition of Money Judgments
in Civil and Commercial Matters’, American Journal of Comparative
Law, 36 (1), Winter, 1–39
9. Linda J. Silberman (2008), ‘Some Judgments on Judgments: A View
from America’, King’s Law Journal, 19 (1), 235–63
10. Samuel Baumgartner (2008), ‘How Well Do U.S. Judgments Fare in
Europe?’, George Washington International Law Review, 40 (1),
173–231
11. Konstantinos D. Kerameaus (2002), ‘Enforcement of Non-Money
Judgments and Orders in a Comparative Perspective’, in James A. R.
Nafziger and Symeon Symeonides (eds.) Law and Justice in a
Multi-State World: Essays in Honor of Arthur T. Von Mehren, Leiden,
the Netherlands: Nijhoff/Brill, 107–19
12. Kurt H. Nadelmann (1957), ‘Non-Recognition of American Money
Judgments and What To Do About It’, Iowa Law Review, 42, 236–64
13. Jie Huang (2011), ‘Conflicts between Civil Law and Common Law
in Judgement Recognition and Enforcement: When is the Finality
Dispute Final?’, Wisconsin International Law Journal, 29,
70–109
PART III SPECIAL ISSUES
A The Revenue Rule and Public Law
14. William S. Dodge (2002), ‘Breaking the Public Law Taboo’,
Harvard International Law Journal, 43 (1), Winter, 161–235
B Reciprocity
15. John F. Coyle (2014), ‘Rethinking Judgments Reciprocity’, North
Carolina Law Review, 92 (4), 1109–74
C Fraud
16. Richard Garnett (2002), ‘Fraud and Foreign Judgments: The
Defense that Refuses to Die?’, Journal of International Commercial
Law, 1 (2), 161–86
D Preclusion and Res Judicata
17. Robert C. Casad (1984), ‘Issue Preclusion and Foreign Country
Judgments: Whose Law?’, Iowa Law Review, 70, 53–80
18. Hans Smit (1962), ‘International Res Judicata and Collateral
Estoppel in the United States’, University of California, Los
Angeles Law Review, 9, 44–75
E Exequatur
19. Paul Beaumont and Lara Walker (2015), ‘Recognition and
Enforcement of Judgements in Civil and Commercial Matters in the
Brussels I Recast and Some Lessons from it and the Recent Hague
Conventions for the Hague Judgements Project,’ Journal of Private
International Law, 11 (1), 31–63
F Class Actions
20. Richard Fentiman (2014), ‘Recognition, Enforcement and
Collective Judgments’, in Arnaud Nuyts and Nikitase Hatzimihail
(eds.) Cross–Border Class Actions: The European Way, Munich,
Germany: Sellier European Law Publishers Ltd., 85–110
21. Antonio Gidi (2012), ‘The Recognition of U.S. Class Action
Judgments Abroad: The Case of Latin America,’ Brooklyn Journal of
International Law, 37, 893–965
PART IV INTERNATIONAL SOLUTIONS
22. Russell J. Weintraub (1998), ‘How Substantial is our Need for a
Judgments-Recognition Convention and What Should we Bargain Away to
get it?’, Brooklyn Journal of International Law, XXIV (1),
167–220
23. Arthur T. von Mehren (1994), ‘Recognition and Enforcement of
Foreign Judgments: A New Approach for the Hague Conference?’, Law
and Contemporary Problems, 57 (3), Summer, 271–87
PART V FUTURE ISSUES
24. Patrick Kinsch (2004), ‘The Impact of Human Rights on the
Application of Foreign Law and on the Recognition of Foreign
Judgments – A Survey of the Cases Decided by the European Human
Rights Institutions’, in Talia Einhorn and Kurt Siehr (eds.)
Intercontinental Cooperation through Private International Law, The
Hague, the Netherlands: T.M.C. Asser Press, 197–228
Index
Edited by Linda J. Silberman, Martin Lipton Professor of Law and Co-Director and Franco Ferrari, Clarence D. Ashley Professor of Law and Director, Intesa Sanpaolo Center for Transnational Litigation, Arbitration, and Commercial Law, New York University School of Law, New York, USA
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