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The Hague Judgments Convention and Commonwealth Model Law: A Pragmatic Perspective

The Hague Judgments Convention and Commonwealth Model Law: A Pragmatic Perspective

Author: Abubakri Yekini
Publisher: Hart Publishing
ISBN: 9781509947072

Published In: August 2021
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only
Paperback Edition ISBN: 9781509947119

List Price: HKD 1,170.00

HKD 1,134.90 Save HKD 35.10 (3%)

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Description
Contents

Details

This book undertakes a systematic analysis of the 2019 Hague Judgments Convention, the 2005 Hague Choice of Court Convention 2005, and the 2017 Commonwealth Model Law on recognition and Enforcement of Foreign Judgments from a pragmatic perspective.

The book builds on the concept of pragmatism in private international law within the context of recognition and enforcement of judgments. It demonstrates the practical application of legal pragmatism by setting up a toolbox (pragmatic goals and methods) that will assist courts and policymakers in developing an effective and efficient judgments' enforcement scheme at national, bilateral and multilateral levels.

Practitioners, national courts, policymakers, academics, students and litigants will benefit from the book's comparative approach using case law from the United Kingdom and other leading Commonwealth States, the United States, and the Court of Justice of the European Union. The book also provides interesting findings from the empirical research on the refusal of recognition and enforcement in the UK and the Commonwealth statutory registration schemes respectively.

1. General Introduction

I. Background of Study

II. Research Problem

III. Research Questions

IV. Methodology

V. Significance of the Study

VI. Literature Review

VII. Conceptual Clarification

VIII. Structure of the Book

PART I: THEORETICAL FRAMEWORKS FOR JUDGMENTS RECOGNITION AND ENFORCEMENT

2. Recognition and Enforcement of Foreign Judgments: Theoretical Background

I. Introduction