Question

On balance, do you think it would be better for countries to agree mutually to simply enforce judgments in favor of private citizens (nationals or non-nationals) obtained from foreign courts, respecting the effort and delay the plaintiff has already undergone in obtaining the judgment and without applying culturally based notions of justice? Why or why not? If not, try generating a list of principles you think should permit a court to refuse enforcement of a foreign judgment.
As we have seen, even if a harmed party in an international dispute successfully initiates a judicial proceeding, many procedural hurdles are likely to be encountered. Recall the forum non convenience principle that initially kept the Nicaraguan workers from obtaining substantive hearings in U.S. courts. But what happens after the successful conclusion of such a suit? Do challenges arise in the enforcement of the court’s decision?


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  • CreatedOctober 02, 2015
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