Publication Type

Journal Article

Publication Date

4-2020

Abstract

This paper provides a comparative overview of the laws on the recognition and enforcement of foreign judgments in ASEAN and Australia, China, India, Japan and South Korea. It considers the principles which are shared in common and the significant differences in the laws on foreign judgments in the region. This paper argues that the laws which are canvassed here share many principles, albeit the interpretation on certain aspects may differ. Though differences exist, the differences are becoming less sharp. Further, there is a practical need for harmonisation in the region given the plans for closer economic integration in the region. This paper argues that harmonisation is possible and should be pursued.

Keywords

foreign judgments, harmonisation, conflict of laws, private international law

Discipline

Conflict of Laws | International Law

Research Areas

Asian and Comparative Legal Systems

Publication

Journal of Private International Law

Volume

16

Issue

1

First Page

31

Last Page

68

ISSN

1744-1048

Identifier

10.1080/17441048.2020.1744256

Publisher

Taylor & Francis (Routledge): SSH Titles - no Open Select

Embargo Period

9-1-2021

Additional URL

https://doi.org/10.1080/17441048.2020.1744256

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