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The Value and Possibility of the World-wide Judgments Convention

  2.The Significance of a World-wide Judgments Convention
  As noted in the introduction, a world-wide judgment is significant not only to protect the interests of the plaintiff but also to promote the development of the economy. But why do states meet difficulties in approaching such a world-wide judgments convention? The reasons might be various. Firstly because of the sovereignty of states, foreign judgments have no extraterritorial effects in other countries. Only for the interests of the state, will the government recognise a foreign judgment, but, if the judgment conflicts with the interest of the state, it cannot be recognised and enforced. The cause of the conflicts may be the difference in legal philosophy between civil and common legal system. The court of civil law in a country may be suspicious of the judgment made by the court of a common law system of another country. Secondly, because of the different grounds of jurisdiction, the court made a judgment according the jurisdiction rules of its own might be regarded to have no jurisdiction on a certain case by the court of recognition. Thirdly, the judgment cannot be recognised and enforced if it violates the public policy of the state of recognition.
  Some similar problems appear in the international commercial arbitration as well. However, the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards solves the problem in arbitration area. Because of this convention, parties of the arbitration need not worry about the recognition and enforcement of the arbitration award. The New York Convention makes the unforeseeable, uncertain and complex procedure of enforcement of arbitration award foreseeable, certain and simple. Returning to the recognition and enforcement of judgment, the situation is more complicated.
  Nevertheless, although there are so many problems to be solved in the Hague Conference, it is not impossible to approach a convention on the jurisdiction and judgment. The success of Brussels Convention and Lugano Convention on Jurisdiction and Enforcement of Judgments in Civil and Commercial Matters in the European Union demonstrate how a world-wide judgments convention can be approached. The successful experience of these two conventions makes it clear that if all the member states of the Hague Conference stand on the same position of the unification of the private international legal regulations, give up their exorbitant jurisdiction rules and limit the scope of the exclusive jurisdiction and public policy, the negotiation of the Hague Conference will be satisfied finally. The consequent convention will be largely helpful in simplifying the procedure of the foreign judgments’ recognition and enforcement, making the international litigation foreseeable, certain and protect the rightful interests of the litigants.


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