BEING RIGHT IS NOT ENOUGH: THE INTERNATIONAL REGULATION OF NATIONAL RECOGNITION AND ENFORCMENT OF FOREIGN JUDGMENTS AND AWARDS

Mikael BAAZ

Abstract


Two bodies of rules govern International relations (IR), international public law and international private law (IPL). Each country has its own IPL appointing which legal order the national courts should apply in disputes involving more than one state. Consequently, recognition and enforcement of judgments and awards are subject to an international co-operation and ruled by different international conventions with different geographical scope. This important harmonisation, facilitating international cooperation on a daily basis, is rather ignored within the academic disciplines of IR, Peace and Conflict Studies, Euro-integration as well as other related fields. This article contributes to filling this relative neglect. More specifically, the article compares some aspects of the recognition and enforcement of judgments under the Brussels I Regulation (44/2001) with the recognition and enforcement of arbitral awards under the New York Convention on the Recognition and Enforcement of Foreign Arbitral Award (1958). The article argues that it might be a good idea to collect the legislation of the two conventions into a new, single convention, dealing with judgments and award simultaneously.

Key words: international law, recognition and enforcement of judgements, international conventions, international cooperation.


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