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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

  • 作者:
  • 出版商: Hart Publishing
  • ISBN: 9781509947072
  • 出版时间 August 2021
  • 规格: Hardback
  • 适应领域: U.K. ? 免责申明:
    Countri(es) stated herein are used as reference only
  • Paperback Edition ISBN: 9781509947119
HKD 1,062.50
发货时间:大约 4-5 weeks
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Hong Kong: free delivery (order over HKD 1000)
  • 描述 
  • 大纲 
  • 详细

    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
    II. Theoretical Bases for Enforcement of Foreign Judgments
    III. Conclusion
    3. A Pragmatic Model for Recognition and Enforcement of Foreign Judgments
    I. Introduction
    II. Pragmatism as a Philosophical Thought
    III. Pragmatism as a Legal Theory
    IV. Legal Pragmatism Today
    V. Legal Pragmatism in Private International Law
    VI. A Pragmatic Approach to Recognition and Enforcement of Foreign Judgments
    VII. Conclusion
    PART II: COMMONWEALTH MODEL LAW ON THE RECOGNITION AND ENFORCEMENT OF FOREIGN JUDGMENTS
    4. Foreign Judgments Enforcement in the Commonwealth
    I. Introduction
    II. The Commonwealth
    III. Civil Justice and Cooperation in the Commonwealth
    IV. The 1920 and 1933 Statutory Schemes
    V. Conclusion
    5. Commonwealth Model Law
    I. Introduction
    II. Preliminaries
    III. Excluded Matters
    IV. International Jurisdiction
    V. Recognition, Enforcement and Defences
    VI. Other Sundry Matters
    VII. Conclusion
    PART III: HAGUE CONVENTIONS
    6. The Hague Judgments Project: Pre-2019 Attempts
    I. Introduction
    II. International Harmonisation of Foreign Judgments Laws
    III. HCPIL: History of the Hague Judgments Project
    IV. HCCA
    V. Conclusion
    7.
    2019 Hague Judgments Convention
    I. Introduction
    II. Pragmatism in the Negotiation of the Convention
    III. Scope and Exclusions
    IV. International Jurisdiction
    V. Refusal of Recognition
    VI. Other Sundry Matters
    VII. Has the Convention Met the Practical Needs of Litigants?
    VIII. Conclusion
    8. Summary of Findings and Conclusion
    I. Summary
    II. Conclusion
    III. Contributions to Knowledge and Avenues for Further Research"

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