scholarly journals Reconocimiento y ejecución parcial de resoluciones judiciales extranjeras y orden público en la Ley de Cooperación Jurídica Internacional en materia civil. Comentario al auto de la Audiencia Provincial de Gipuzkoa (Seccion 2ª) núm. 120/2018, de 9 de marzo = Partial recognition and enforcement of foreign decisions and public order under the Spanish Act on International Judicial Cooperation in civil matters. Comment on the act of the Spanish Court of Appeal of Gipuzkoa (Section 2) number 120/2018, Of 9th march

2019 ◽  
Vol 11 (1) ◽  
pp. 834
Author(s):  
Nerea Magallón Elósegui
Keyword(s):  
Public Order ◽  
Judicial Cooperation ◽  
Marriage Dissolution ◽  
Recognition And Enforcement ◽  
Court Of Appeal

Resumen: En el presente Auto la Audiencia Provincial de Gipuzkoa otorga el exequatur a una Sentencia de divorcio dictada por el Tribunal Jaafarita Religioso de Saida del Líbano con la excepción de determinados convenios considerados contrarios al orden público.Palabras clave: Exequatur, ley de cooperación jurídica internacional, divorcio, orden público, reconocimiento parcial.Abstract: This paper analyzes the Act of the Spanish Court of Appel of Gipuzkoa about the recognition and enforcement of the Judgment of Court Jaafarita of Saida (Libano) about a marriage dissolution.Keywords: Exequatur, partial enforcement, Spanish Act on International judicial cooperation, marriage dissolution, public order.

Liable for Unlawful Assembly and Riot by Virtue of Liking or Comment on Social Media Platforms?

2021 ◽  
pp. 002201832110546
Author(s):  
Trevor TW Wan ◽  
Thomas Yeon
Keyword(s):  
Social Media ◽  
Hong Kong ◽  
Crime Scene ◽  
Public Order ◽  
The Public ◽  
Physical Presence ◽  
Social Media Platforms ◽  
Joint Enterprise ◽  
Court Of Appeal ◽  
Evidential Basis

In Secretary of Justice v Tong Wai Hung [2021] HKCA 404, the Hong Kong Court of Appeal affirmed that the doctrine of joint enterprise, as a matter of statutory construction, is applicable onwards to the offences of unlawful assembly and riot under the Public Order Ordinance (Cap. 245), and physical presence at the crime scene is not a pre-requisite to establish liability. The Court argued that such an interpretation strikes a balance between public order concerns and the need to avoid the risk of over-charging. This note contends that the Court of Appeal’s decision will risk exposing numerous citizens, who can hardly be said to share culpability comparable to that of the actual and principal perpetrators of unlawful and riotous assemblies, to prosecution and conviction on questionable legal and evidential basis.

Judicial Cooperation in South America: A Regional Perspective

2019 ◽  
pp. 144-157
Author(s):  
Nadia de Araujo
Keyword(s):  
Latin America ◽  
South America ◽  
International Treaties ◽  
Judicial Cooperation ◽  
Recognition And Enforcement ◽  
Regional Perspective

This chapter examines international judicial cooperation instruments in force in Latin America. It sheds light on how international treaties have influenced the rules on recognition and enforcement of foreign decisions in the regional instruments adopted within Mercosur, particularly the Las Leñas Protocol.

9 The Enforcement of Arbitral Awards

2020 ◽  
Author(s):  
Oda Hiroshi
Keyword(s):  
Public Order ◽  
Commercial Arbitration ◽  
International Commercial Arbitration ◽  
Recognition And Enforcement ◽  
The Law ◽  
The Way

This concluding chapter explores the enforcement of arbitral awards. There are two primary laws relevant to the recognition and enforcement of arbitral awards of international commercial arbitration in Russia: the Law on International Commercial Arbitration of 1993 and the Code of Commercial Court Procedure of 2002. The former has the basic provision on the recognition and enforcement of awards and the grounds for refusal, while the latter provides for the procedural aspects of recognition and enforcement of arbitral awards. It is an established principle of international commercial arbitration that in deciding whether enforcement of awards is allowed or not, courts are not entitled to review the case on its merits. However, Russian judges are not always aware of this fundamental rule, or do not comply with it. The chapter then looks at the grounds for the refusal of recognition and enforcement of arbitral awards and the way Russian courts interpret these grounds. Particularly important is the understanding of public order by Russian courts. Finally, the practice of ‘Russian Torpedo’ is discussed.

scholarly journals El exequatur en los procesos de jurisdicción voluntaria: el orden público y el triunfo del interés superior del menor = Exequatur in voluntary jurisdiction proceedings: public order and the triumph of the best interests of the child

2019 ◽  
Vol 11 (1) ◽  
pp. 929
Author(s):  
Cayetana Santaolalla Montoya
Keyword(s):  
Legal System ◽  
Civil Code ◽  
La Niña ◽  
Parental Authority ◽  
Best Interests ◽  
Public Order ◽  
Judicial Cooperation ◽  
Republic Of Guinea ◽  
La Nina

Resumen: Exequatur de una sentencia de Conaky República de Guinea, en la que los padres renuncian a la patria potestad de su hija menor, con objeto de que, al reconocerla en España, sus tíos, que viven en España, ejerzan la tutela respecto a la niña que vive en Barcelona. En primera instancia, se deniega porque se estima contraria al ordenamiento jurídico español, que no reconoce la posibilidad de renunciar, por parte de los progenitores, a su patria potestad. Por su parte, la Audiencia provincial de Barcelona estima parcialmente el recurso y considera que debe reconocerse, por no considerarla contraria al orden público español. Tanto en primera instancia, como en apelación, no se reconoce la tutela, pero si la guardia con funciones tutelares a los tíos de la menor que viven en España.Palabras clave: Exequatur, denegación, orden público, patria potestad, tutela, guarda con funciones tutelares, art 44.4 Ley Cooperación Jurídica internacional, Ley Jurisdicción voluntaria, Código civil catalán.Abstract: Exequatur of a sentence of Conaky Republic of Guinea, where the parents renounce the parental authority of their daughter, so that, when it is recognized in Spain, her uncles, who live in Spain, exercise the guardianship over the girl who lives in Barcelona. In first instance, it is denied because it is considered contrary to the Spanish legal system that does not recognize the possibility of renouncing, on the part of the parents, their parental authority. For its part, the Provincial Court of Barcelona partially upheld the appeal and considers that it should be recognized as not being contrary to Spanish public order. Both in the first instance and in the appeal, the guardianship is not granted, but is recognized the guard with guardianship functions to the uncles of the minor who live in Spain.Keywords: Exequatur, denial, public order, parental authority, guardianship, tutelary functions, art 44.4 Spanish Act on International judicial cooperation, Voluntary Jurisdiction Law, Catalan Civil Code.

Chronology of Practice: Chinese Practice in Private International Law in 2019

2020 ◽  
Author(s):  
H E Qisheng
Keyword(s):  
Intellectual Property ◽  
International Law ◽  
Public Order ◽  
Punitive Damages ◽  
Private International Law ◽  
Res Judicata ◽  
Force Majeure ◽  
International Transport ◽  
Recognition And Enforcement ◽  
Judicial Assistance

Abstract This survey contains materials reflecting the practice of Chinese private international law in 2019. First, this paper describes the judiciary’s caseload: Chinese courts decided some 17,000 foreign-related civil and commercial cases, 16,000 maritime cases and 9,648 requests for judicial assistance in 2019. Regarding changes in the statutory framework of private international law, four legislative acts, one set of Regulations and six Supreme People’s Court (SPC) Judicial Interpretations were adopted or amended in 2019 on investment contracts, action preservation in intellectual property, punitive damages, etc. Second, eight typical cases on jurisdictional issues are selected, including jurisdiction clauses, parallel proceedings, and res judicata. Third, seven new representative cases on choice of law relating, in particular, to international transport, force majeure, gambling debts and public order, are examined. Fourth, five cases on the recognition and enforcement of foreign judgments and one SPC Opinion in favour of presumed reciprocity are briefly examined. Finally, this paper also covers seven key cases which reflect the latest development in Chinese private international law on other procedural issues, such as service of process abroad and authentication, and three cases on international arbitration (including the first decision rendered by the China International Commercial Court).

China’s International Commercial Court: Background, Obstacles and the Road Ahead

2020 ◽  
Vol 11 (1) ◽  
pp. 150-174
Author(s):  
Sheng Zhang
Keyword(s):  
Judicial System ◽  
Legal Regime ◽  
Judicial Cooperation ◽  
The Road ◽  
The World ◽  
Significant Step ◽  
Recognition And Enforcement ◽  
Belt And Road ◽  
The Belt And Road ◽  
Commercial Courts

Abstract The establishments of international commercial courts reflect the closer alignment of commercial transactions and the development of dispute resolution mechanisms. To mainly facilitate the developments of the ‘Belt and Road Initiative’, China established the China international commercial court (CICC) in 2018. It marked a significant step in the development of China’s judicial system. However, compared with other international commercial courts in the world, the construction of the CICC still has much room for improvement in the areas of jurisdiction, internationalization, and the recognition and enforcement of judgments. The China’s Supreme People’s Court (SPC) needs to consider how to refine the working procedures, enhance the internationalization, and promote the recognition and enforcement of the awards by the CICC. The SPC may need to update the current legal regime for the CICC based on the operation and the experience of trials. In addition to the efforts of the SPC to pave the way for developments, China needs to consider modifying the relevant rules and actively expand its judicial cooperation with other countries.

Affray and Legislative Intent: Cautionary Tales

2003 ◽  
Vol 67 (4) ◽  
pp. 327-348
Author(s):  
Alan Reed
Keyword(s):  
Criminal Law ◽  
Public Order ◽  
House Of Lords ◽  
Appeal Decision ◽  
Cautionary Tales ◽  
Court Of Appeal

In comparison with other doctrinal areas of criminal law relatively little has been written on public order infractions, specifically the offence of affray. A revival of interest in this topic has been prompted by the House of Lords' decision in I v DPP and the Court of Appeal decision in Plavecz. This article examines the outcome in these cases and, more widely, seeks to deconstruct the substantive elements of the affray offence. It is suggested that it does not merit the pre-eminence currently accorded by prosecuting authorities, and that more encomia solutions to breaches of public order may be found through consideration of a gamut of alternative charges.

Effective judicial protection in judicial cooperation in civil matters and the Court of Justice of the European Union case law: the public policy clause and the absolute default of appearance as denial causes of judgments’ recognition and enforcement in E

2014 ◽  
pp. 147-161
Author(s):  
Joana Covelo de Abreu
Keyword(s):  
Public Policy ◽  
Case Law ◽  
Access To Justice ◽  
The European Union ◽  
Judicial Cooperation ◽  
Member States ◽  
The Public ◽  
Court Of Justice ◽  
Recognition And Enforcement ◽  
Judicial Protection

The Brussels I Regulation’s re-foundation by the New Brussels I Regulation was thought to secure reciprocal trust on justice administration among Member States and to grant full access to justice for those who inhabit and circulate in its territory. In a Union characterized by circulation freedoms and an internal market existence, those principles justify a situation in which judgments ruled by a Member State’s court are automatically recognised and enforced, in other Member-State, except when the defendant evokes the rules on denial of judgments’ recognition and enforcement. There would not be judicial cooperation and integration’s prosecution without trust – trust must exist among Member States’ courts and it must be felt by EU citizens so they can acknowledge that EU is actively seeking to improve their life and working conditions. The European Commission made constructive efforts to promote an exequatur’s abolition, making recognition and enforcement proceedings on the New Brussels I Regulation simpler (it even proposed to remove the “public policy” clause, which was not accepted). It is necessary to analyse howthe CJEU applies the rules on denial of judgments’ recognition and enforcement to perceive if the principle of an effective judicial protection is fulfilled under New Brussels I Regulation.

plaintiffs of the fact of arrest, but delayed telling them the grounds, for 10 minutes in one case, and 23 minutes in the other. The Court of Appeal said that arrest was not a legal concept, but arose factually from the deprivation of a person's liberty. It was also a continuing act and, therefore, what had begun as an unlawful arrest could become a lawful arrest. The remedy for the plaintiffs was the damages they had been awarded for the 10 minutes and 23 minutes of illegality: £200 each. In DPP Hawkins, the Divisional Court held that an exception to the rule requiring information to be given to the arrestee exists where the defendant makes it impossible (for example, by his violent conduct) for the officer to communicate the reasons for the arrest to him. In that situation, the arrest is lawful and remains lawful until such a time as the reasons should have been given. The fact that the reasons were not given then does not invalidate the original arrest. The arrest would only become unlawful from the moment when the reasons for it should have been given to the arrested person. NEW POWERS UNDER THE CRIMINAL JUSTICE AND PUBLIC ORDER ACT 1994 Section Section of the CJPO 1994 provides for a new stop and search power in anticipation of violence and was introduced to deal with violent conduct, especially by groups of young men. Section

2012 ◽  
pp. 375-376
Keyword(s):  
Criminal Justice ◽  
Young Men ◽  
The Other ◽  
Public Order ◽  
Not Given ◽  
Legal Concept ◽  
The Moment ◽  
Court Of Appeal ◽  
Stop And Search

5. The Right to Silence and the Privilege against Self-Incrimination

Evidence ◽  
2018 ◽  
Author(s):  
Andrew L-T Choo
Keyword(s):  
Human Rights ◽  
Criminal Justice ◽  
Case Law ◽  
European Convention ◽  
Public Order ◽  
Substantial Body ◽  
Legal Advice ◽  
Right To Silence ◽  
The Right ◽  
Court Of Appeal

Chapter 5 deals with the right to silence and the privilege against self-incrimination. It considers relevant provisions of the Criminal Justice and Public Order Act 1994. These include sections 34, 36, and 37, which permit adverse inferences to be drawn from certain failures of the defendant at the pre-trial stage. Section 34, in particular, has generated a substantial body of case law. The manner in which the Court of Appeal has resolved the issue of silence on legal advice has been subjected to particular criticism. The operation of section 34 has been held to be compatible with the European Convention on Human Rights so long as a sufficiently watertight direction is given to the jury. The precise extent to which the privilege against self-incrimination applies to real evidence also remains uncertain and is an issue requiring resolution.

Sign in / Sign up

Export Citation Format

Share Document