On Civil And Commercial Judgments Extraterritorial Recognition And Enforcement

Inter-nations recognition and enforcement of foreignjudgments is an important subject both in public international lawarea and in private international law area. Since the civil andcommercial judgments involve domestic civil procedural law issues,many jurisdictions make provisions for the recognition orenforcement of foreign judgments in their civil procedural law.Although some international covenants have made great efforts inharmonizing inter--tate recognition and enforcement of foreignjudgments, people still emphasize the recognition or enforcement offoreign judgments of one country theoretically and practically. Itseems that once a country solves the problems on recognition orenforcement of foreign judgments, the extraterritorial enforcementof its domestic civil and commercial judgments will be resolved aswell.This thesis mainly discusses the extraterritorial recognitionand enforcement of Chinese civil and commercial judgments. Itstudies the concepts\theoretical tests of the extraterritorialrecognition and enforcement, differences between"extraterritorial enforcement" and "territorial enforcement". Italso analyses the law of recognition and enforcement, the scope,the conditions the procedure, the refusals and reliefs ofenforcement, ect. It examines some practical issues, includingthe enforcement of Chinese civil and commercial judgments in civilor common law jurisdictions generally, and the enforcement inHong Kong, Macau and Taiwan in particular. It makes suggestionsfor possible improvements and amendments of extraterritorialrecognition and enforcement of our civil and commercialjudgements. The paper deals with the extraterritorial enforcementof civil and commercial judgments of one country through a newpoint of view, especially based upon the perspective of theextraterritorial enforcement of Chinese civil and commercialjudgments. It also proposes the introduction of theoreticinfrastructure of the extraterritorial enforcement of Chinese civiland commercial judgments.