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4 - The Commonwealth Model and Common Law Recognition and Enforcement

from Part I - Transnational Recognition and Enforcement

Published online by Cambridge University Press:  10 November 2022

Drossos Stamboulakis
Drossos Stamboulakis
Affiliation:
Monash University, Victoria
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Summary

Chapter 4 analyses the Commonwealth-driven approach to reciprocal recognition and enforcement, referred to in this book as the ‘Commonwealth Model’. At its core, the Commonwealth Model is a statutory judgment registration system that is premised upon British dominion, seconded, only where historical ties (but not dominion) extends, by reciprocity. Because this approach substantially replicates or relies for efficacy on its common law underpinnings, this chapter includes an analysis of these underlying common law foundations and approaches to recognition and enforcement.

Keywords

Commonwealth Modelcommon law recognition and enforcementstatutory recognition and enforcementForeign Judgments reciprocal enforcementcomityinternational jurisdiction
Type
Chapter
Information
Comparative Recognition and Enforcement
Foreign Judgments and Awards
 , pp. 83 - 119
Publisher: Cambridge University Press
Print publication year: 2022

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