Recognition and Enforcement of Foreign Judgments by Linda J. Silberman (English)

Description: Recognition and Enforcement of Foreign Judgments by Linda J. Silberman, Franco Ferrari This Research Collection offers a 24-article tour of the topics surrounding the recognition and enforcement of foreign judgments. The collection 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. FORMAT Hardcover LANGUAGE English CONDITION Brand New Publisher Description 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. Author Biography Edited by Linda J. Silberman, Martin Lipton Professor of Law and Co-Director and Franco Ferrari, Clarence D. Ashley Professor of Law and Director, Center for Transnational Litigation, Arbitration, and Commercial Law, New York University School of Law, New York, USA Table of Contents Contents:AcknowledgementsResearch ReviewLinda J. Silberman and Franco FerrariPART IAPPROACHES TO JUDGEMENT RECOGNITION AND ENFORCEMENT1. Willis L. M. Reese (1950), The Status in This Country of Judgments Rendered Abroad, Columbia Law Review, 50 (6), June, 783–8002. 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, 1601–963. 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, 720–404. Courtland H. Peterson (1972), Foreign Country Judgments and the Second Restatement of Conflict of Laws, Columbia Law Review, 72 (2), February, 220–665. 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), 253–3346. Michael Whincop (1999), The Recognition Scene: Game Theoretic Issues in the Recognition of Foreign Judgments, Melbourne University Law Review, 23 (2), 416–39PART II COMPARATIVE PERSPECTIVES7. 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, 1044–608. Friedrich K. Juenger (1988), The Recognition of Money Judgments in Civil and Commercial Matters, American Journal of Comparative Law, 36 (1), Winter, 1–399. Linda J. Silberman (2008), Some Judgments on Judgments: A View from America, Kings Law Journal, 19 (1), 235–6310. Samuel Baumgartner (2008), How Well Do U.S. Judgments Fare in Europe?, George Washington International Law Review, 40 (1), 173–23111. 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, 107–1912. Kurt H. Nadelmann (1957), Non-Recognition of American Money Judgments and What To Do About It, Iowa Law Review, 42, 236–6413. 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, 70–109PART III SPECIAL ISSUESAThe Revenue Rule and Public Law14. William S. Dodge (2002), Breaking the Public Law Taboo, Harvard International Law Journal, 43 (1), Winter, 161–235BReciprocity15. John F. Coyle (2014), Rethinking Judgments Reciprocity, North Carolina Law Review, 92 (4), 1109–74CFraud16. Richard Garnett (2002), Fraud and Foreign Judgments: The Defense that Refuses to Die?, Journal of International Commercial Law, 1 (2), 161–86DPreclusion and Res Judicata17. Robert C. Casad (1984), Issue Preclusion and Foreign Country Judgments: Whose Law?, Iowa Law Review, 70, 53–8018. Hans Smit (1962), International Res Judicata and Collateral Estoppel in the United States, University of California, Los Angeles Law Review, 9, 44–75EExequatur19. 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), 31–63FClass Actions20. 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., 85–11021. Antonio Gidi (2012), The Recognition of U.S. Class Action Judgments Abroad: The Case of Latin America, Brooklyn Journal of International Law, 37, 893–965PART IV INTERNATIONAL SOLUTIONS22. 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), 167–22023. 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, 271–87PART V FUTURE ISSUES24. 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, 197–228Index Details ISBN1782547010 Language English Year 2017 ISBN-10 1782547010 ISBN-13 9781782547013 Format Hardcover Publication Date 2017-11-24 DEWEY 347.077 Pages 1024 Publisher Edward Elgar Publishing Ltd Series Private International Law series Imprint Edward Elgar Publishing Ltd Place of Publication Cheltenham Country of Publication United Kingdom AU Release Date 2017-11-24 NZ Release Date 2017-11-24 UK Release Date 2017-11-24 Author Franco Ferrari Edited by Franco Ferrari Audience Professional & Vocational We've got this At The Nile, if you're looking for it, we've got it. With fast shipping, low prices, friendly service and well over a million items - you're bound to find what you want, at a price you'll love! TheNile_Item_ID:161764923;

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