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Vol 21 No 9 Sept/Oct 2016

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Interregional Recognition and Enforcement of Civil and Commercial Judgments: Lessons for China from US and EU Law

ISBN13: 9781849464345
Published: February 2014
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £65.00

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Judgment recognition and enforcement (JRE) between the US states, between EU Member States, and between mainland China, Hong Kong, and Macao, are all forms of "interregional JRE."

This extensive comparative study of the three most important JRE regimes focuses on what lessons China can draw from the US and the EU in developing a multilateral JRE arrangement for mainland China, Hong Kong, and Macao. Mainland China, Hong Kong, and Macao share economic, geographical, cultural, and historical proximity to one another.

The policy of "One Country, Two Systems" also provides a quasi-constitutional regime for the three regions. However, there is no multilateral JRE scheme among them, as there is in the US and the EU; and it is harder to recognise and enforce sister-region judgments in China than in the US and the EU.

The book analyses the status quo of JRE in China and explores its insufficiencies; it proposes a multilateral JRE arrangement for Chinese regions to alleviate current JRE difficulties; and it provides solutions for the macro and micro challenges of establishing a multilateral arrangement, drawing upon the rich literature on JRE regimes found in the US and EU.

Conflict of Laws, Other Jurisdictions , China
1. Introduction
A. Introduction: Theme and Contribution of this Book
B. Concept of Interregional JRE
C. A Comparative Perspective 6i. Introduction to the Method: Comparative Studies
D. The Need for, and Feasibility of, a Multilateral JRE Arrangement 23i. Need: Economic Integration
E. Structure of What Follows

2. Scholarly Achievements in Chinese Interregional Conflict of Laws
A. General Theory of Chinese Interregional Conflict of Laws
B. Interregional Judgment Recognition and Enforcement
C. Comparative Studies

3. The Existing JRE System among Mainland China, Hong Kong and Macao A. Regional JRE Laws B. Interregional JRE Laws C. The Next Stage: a Multilateral JRE Arrangement

4. Three Serious Macro Challenges and their Solutions
A. Conflicts between Socialist Law and Capitalist Law
B. Conflicts between Civil Law and Common Law
C. Weak Mutual Trust
D. Conclusion

5. Selected Rules of the Proposed Multilateral JRE Arrangement
A. Scope
B. Requirement for JRE: Finality
C. Grounds for Refusing JRE
D. Summary

6. Implementation of the Proposed Multilateral JRE Arrangement
A. Legal Form
B. Coordination Mechanism for Implementing the Proposed Multilateral JRE Arrangement
C. Relationship with Other Interregional and International JRE Instruments

7. Conclusion