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VOL. 5, ISSUE 4 (2023)
International due process standards in enforcing foreign judgments
Authors
Jakhongir Akhmurodov
Abstract
This paper examines the role of international due process standards in
the enforcement of foreign court judgments. Using a doctrinal legal research
method, it analyzes due process requirements under international treaties,
conventions, regional regulations, and national laws on recognizing foreign
judgments. The study finds that while enforcing states employ due process to
ensure basic fairness, excessive formalism undermines efficient cross-border
enforcement. It argues for nuanced interpretation of due process grounds to
balance upholding individual rights with preventing abuse of due process claims
to obstruct enforcement. Harmonizing notice procedures and developing bilateral
and regional arrangements on reciprocal due process guarantees can facilitate
judgments recognition while respecting fair trial rights.
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Pages:46-48
How to cite this article:
Jakhongir Akhmurodov "International due process standards in enforcing foreign judgments". International Journal of Law, Policy and Social Review, Vol 5, Issue 4, 2023, Pages 46-48
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