KRATAK OSVRT NA HAŠKU KONVENCIJU O PRIZNANjU I IZVRŠENjU STRANIH SUDSKIH ODLUKA U GRAĐANSKIM ILI TRGOVAČKIM STVARIMA IZ 2019. GODINE

2021 ◽  
pp. 407-421
Author(s):  
Slavko Đorđević ◽  
Keyword(s):  
Strong Influence ◽  
Hague Convention ◽  
Recognition And Enforcement ◽  
Scope Of Application ◽  
International Instruments ◽  
As Relationship ◽  
Paper Author

In this paper author briefly analyzes certain provisions of Hague Convention of 2 July 2019 on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters, aiming to explain the regime of recognition and enforcement which is established by this convention and to make a point to the flexibility of this convention which may have a strong influence on a number of states worldwide (including Serbia) to accept it. Having this in mind, the author provides brief presentation and analysis of provisions of HCCH 2019 Judgments Convention which regulate material scope of application, eligibility of judgment for recognition and enforcement, grounds for refusal of recognition and enforcement, procedure, giving the notification with regard to the limitation of application of the HCCH 2019 Judgments Convention as well as relationship between this convention and other international instruments.

International Criminalization of Offences Relating to Cultural Property

2019 ◽  
pp. 18-24
Author(s):  
Danil Sergeev
Keyword(s):  
Cultural Values ◽  
Armed Conflict ◽  
Historical Review ◽  
Hague Convention ◽  
Cultural Property ◽  
Armed Conflicts ◽  
Cultural Value ◽  
Direct Connection ◽  
International Protection ◽  
International Instruments

The article evaluates current conditions of international criminalization of offences relating to cultural property and makes a brief historical review of developing international protection of cultural property and elaborating a corresponding notion. Having analyzed the international instruments, the author concludes that offences relating to cultural property may include deliberate seizure, appropriation, demolition as well as any other forms of destruction or damage to objects and items protected under the 1954 Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict committed during international and non-international armed conflicts. These offences do not include such possible acts toward universal cultural values committed either beyond any armed conflict or without direct connection with it. Taking the examples of destruction of Buddhas of Bamiyan, Nimrud, Palmyra, and mausoleums of Timbuktu, the author states that international criminalization of offences relating to cultural property is insufficient, because it does not encompass such cases when objects or items of cultural value are damaged or destroyed under the control of national administrations or with their knowledge.

scholarly journals Obligaciones alimenticias: interacción entre los instrumentos comunitarios y el Convenio de Lugano (Maintenance obligations: relationship between EU Regulations and Lugano Convention)

2018 ◽  
Vol 27 (2) ◽  
Author(s):  
Javier Maseda Rodríguez
Keyword(s):  
Recognition And Enforcement ◽  
Scope Of Application ◽  
Relationship Of ◽  
The Relationship

Este trabajo tiene por objeto el análisis de las relaciones de convivencia entre el Convenio de Lugano de 2007 y los instrumentos comunitarios reguladores de la competencia judicial internacional, el reconocimiento y la ejecución de resoluciones judiciales en materia de obligaciones alimenticias, específicamente, el Reglamento 4/2009. En tanto que las obligaciones alimenticias se hallaban incluidas en el ámbito de aplicación material del Reglamento 44/2001, regulador de la competencia judicial internacional, el reconocimiento y la ejecución de resoluciones judiciales en materia civil y mercantil, la interacción con el Convenio de Lugano se materializaba a través de sus cláusulas de compatibilidad, en concreto, el art. 73 R. 1215 y el art. 64 CL 2007. Se analiza en este artículo si y en qué medida la exclusión de las obligaciones alimenticias del ámbito de aplicación material del Reglamento 1215/2012, que sustituye al Reglamento 44/2001 y en favor del Reglamento 4/2009, afecta a esta interacción con el Convenio de Lugano.This work analyses the relationship between 2007 Lugano Convention and EU Regulations on jurisdiction and the recognition and enforcement of judgments in matters relating to maintenance obligations, especially, Regulation 4/2009. While maintenance obligations were included in the scope of application of Regulation 44/2001 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, the coexistence with Lugano Convention was ruled by rules provided to in both instruments, the art. 73 R. 1215 and the art. 64 LC 2007. This essay analyses if and to what extent the exclusion of maintenance obligations of scope of application of Regulation 1215/2012, that repeals Regulation 44/2001, to be regulated by Regulation 4/2009, determines the relationship of coexistence with Lugano Convention.

scholarly journals The relevance and problems of the Hague Convention of July 2 2019 on the recognition and enforcement of foreign judgments ratification by the Russian Federation

2020 ◽  
Vol 8 (2) ◽  
pp. 31-35
Author(s):  
Marina Senicheva
Keyword(s):  
Russian Federation ◽  
Hague Convention ◽  
Cross Border ◽  
Recognition And Enforcement ◽  
The Russian Federation ◽  
The Hague ◽  
The Hague Convention

The article sheds some light on problems that impede the ratification by the Russian Federation of the Hague Convention on the recognition and enforcement of foreign judgements of July 2, 2019. As a result of analysis of the risks and prospects of ratification by the Russian Federation of the Hague Convention on the Recognition and Enforcement of Foreign judgements of July 2, 2019, the author concludes that there are no legal contradictions that could adversely affect ratification of the convention in question. In this regard it is possible to conclude that these are political contradictions and the Russian Federation’s reluctance to build a cross-border system for recognizing and enforcing decisions of foreign courts that can impede the convention's ratification

scholarly journals A convenção de haia sobre a cobrança internacional de alimentos em benefício dos filhos e de outros membros da família: a recente recepção pelo ordenamento jurídico brasileiro

2019 ◽  
Vol 42 (2) ◽  
pp. 76-96
Author(s):  
Luciane Klein Vieira ◽  
Taísa Nara de Oliveira Barbosa
Keyword(s):  
International Cooperation ◽  
Child Support ◽  
Hague Convention ◽  
Efficient Communication ◽  
Recognition And Enforcement ◽  
The Hague ◽  
The Hague Convention ◽  
Weak Party

O presente artigo tem como foco a cobrança internacional de alimentos, sua natureza e seus procedimentos, tendo em vista a recente ratificação da Convenção de Haia sobre a Cobrança Internacional de Alimentos em Benefício dos Filhos e de outros Membros da Família, pelo Brasil, em 2017. Neste sentido, busca estudar, em matéria de alimentos, o processo de reconhecimento e de execução de decisões estrangeiras a que estão submetidos os países signatários da referida Convenção, preocupando-se menos com um olhar individual e específico sobre como as sentenças transnacionais são reconhecidas e executadas no Brasil e mais com uma visão ampla sobre os principais aspectos da Convenção sobre as obrigações alimentares. O principal objetivo é demonstrar como a cooperação internacional, através das autoridades centrais, permite uma comunicação mais rápida e eficaz entre os Estados partes, beneficiando, deste modo, ao alimentando, objeto da tutela pretendida Abstract This article analyzes the international recovery of alimony, its nature and its procedures, in view of the Hague Convention on the International Recovery of Child Support and Other Forms of Family Maintenance, ratified by Brazil in 2017. The article seeks to study, in the matter of alimony, the process of recognition and enforcement of foreign decisions to which the signatory countries of the Convention are subject. This seeks less an individual and specific look at how transnational sentences are recognized and enforced in Brazil and a broader view on the main aspects of the Convention on maintenance obligations. The main focus is on the objective of demonstrating how international cooperation between the states, through the central authorities, which allows for a faster and more efficient communication between the States Parties, thus benefiting the weak party, the object of the intended protection.

Civil and Commercial Cases in the EU: Jurisdiction, Recognition, and Enforcement, Applicable Law—Brussels Regulation, Rome I and II Regulations

2021 ◽  
pp. 264-288
Author(s):  
Julia Hörnle
Keyword(s):  
International Law ◽  
Private International Law ◽  
Applicable Law ◽  
Recognition And Enforcement ◽  
Scope Of Application ◽  
Special Rules ◽  
Contractual Obligations ◽  
Rome I ◽  
Brussels Regulation ◽  
The Eu

Chapter 8 examines the harmonized provisions on private international law in the EU. It discusses the conflict of law rules in civil and commercial matters contained in the Brussels Regulation on Jurisdiction and the Rome I Regulation (applicable law contracts) and Rome II Regulation (non-contractual obligations). It analyses their scope of application and the general and special rules of jurisdiction for contract and torts, and the law applicable to different types of contracts and non-contractual liability. It provides a general overview of the main aspects of private international law in the EU and how this applies in internet cases.

Part III Recognition and Enforcement, 20 Hague

2017 ◽  
Author(s):  
Hartley Trevor C
Keyword(s):  
Hague Convention ◽  
Article 9 ◽  
Recognition And Enforcement ◽  
The Hague ◽  
The Hague Convention ◽  
General Conditions

This chapter considers recognition and enforcement under the Hague Convention. Hague applies only to judgments given by a court of a State to which the Hague Convention applies, and it applies only if the court of origin had jurisdiction under a choice-of-court agreement. The position under Hague is different from that under Brussels 2012 and Lugano 2007 since the court addressed is not precluded from deciding for itself whether the choice-of-court agreement was valid and the claim was within its scope. Apart from this, Hague has a great deal in common with Brussels and Lugano, though there are a number of additional provisions in the former that find no counterpart in the latter. The relevant provisions are found in Part III of the Convention. Article 8 lays down the general conditions for recognition; Article 9 provides certain specific grounds for non-recognition and subsequent Articles deal with special issues. Each of these provisions are considered in turn.

The Impact of (Mis)communication on International Commercial Arbitration

2020 ◽  
Author(s):  
Carolina Arlota
Keyword(s):  
International Business ◽  
Empirical Studies ◽  
Hague Convention ◽  
Commercial Arbitration ◽  
International Commercial Arbitration ◽  
Legal Traditions ◽  
Recognition And Enforcement ◽  
Different Cultures ◽  
The Impact ◽  
Principal Method

International commercial arbitration is often considered the principal method for solving disputes between international business parties mainly because of its final and binding nature. International commercial arbitration is a valued alternative to litigation in foreign courts, while also avoiding simultaneous legal claims in different jurisdictions around the globe. In this context, effective communication among private parties, which is defined as steering clear of potential miscommunications among them in international business transactions, is essential for the negotiation of successful arbitration agreements and efficient international arbitral proceedings. Complexities concerning the communication among parties located in different countries—with different cultures and distinct legal traditions—abound. Such complexities are informative of the main stages of international commercial arbitration, namely, before reaching the negotiation table, during the writing of the arbitration agreement, and after a legal dispute arises. This topic has not been subject to comprehensive analysis, despite its significant impact on the parties’ business needs and related optimization of their interests. In addition, trending relevant issues in the field include the recently signed Hague Convention on the Recognition and Enforcement of Foreign Judgments in Civil and Commercial Matters, the increasing judicialization of international arbitration proceedings, the increasing use of artificial intelligence and empirical studies in international commercial arbitration.

Part V Family Law, 25 Children

2017 ◽  
Author(s):  
Torremans Paul
Keyword(s):  
International Law ◽  
Union Member ◽  
Common Law ◽  
Hague Convention ◽  
European Union Member State ◽  
Private International Law ◽  
Parental Responsibility ◽  
Council Of Europe ◽  
Child Abduction ◽  
Recognition And Enforcement

This chapter examines private international law rules that govern orders concerning children, including orders determining with whom a child shall live or with whom he may have contact. It first considers the rules governing the jurisdiction of the English courts as regards parental responsibility matters, the choice of law rules applied, and the different provisions for the recognition and enforcement of parental responsibility and related orders made elsewhere. In particular, it discusses orders granted in another European Union Member State, except Denmark; orders granted in another Contracting State to the 1996 Hague Protection Convention; and orders granted in Scotland and Northern Ireland. It also analyses the relevant provisions of the Child Abduction and Custody Act 1985 and common law rules before concluding with an overview of other important developments including the 1996 Hague Convention and the Council of Europe Convention on Contact concerning Children.

Sign in / Sign up

Export Citation Format

Share Document