International Law | Recognition & Enforcement of Foreign Judgments | Lex Animata by Hesham Elrafei

Recognition & Enforcement of Foreign Judgments , explained - International Law Animation lectures.

By Hesham Elrafei
  / heshamelrafei  

This video visualize and simplify the concept of Foreign Court decisions enforcement civil and commercial matters abroad.

In terms of principles of comity, reciprocity and res judicata (that is, that the legal issues in question , have been finally decided already by a court , between the same parties, and cannot be ruled on again. )

As a result , the number of treaties between states, has grown quickly , in order to regulate this conflict of law.


In the absence of a treaty , a country is not obliged to recognize or to enforce a foreign judgment , as the substance of the foreign court decision is not reviewed .

however , some legal systems recognize foreign judgments , more or less to the same degree , as domestic judgments .

For instance, countries with more restrictive domestic rules, like France , tend to enter into more bilateral treaties, comparing to the United States, who has zero.

In all cases, whether in the presence of a treaty or without , a state can deny the enforcement of a judgment , after examining the following causes:

1ST , whether the rendering court, that issued the judgment has jurisdiction over the case .

2ND , that the judgment is valid , final , and on the merits , under the law of the rendering court

3RD That the defendant had the right to fair trial , was properly served with notice of the proceedings , and had an opportunity to be heard in court , and the right to appeal.

4TH, that the foreign judgment, is not contrary to the public policy of the enforcing country, its national laws , nor with international law

Given that no general duty exists, to recognize foreign judgments at all, such exceptions are generally compatible with international law, unless treaty law provides otherwise.