Recognition and Execution of the Foreign Court Decisions

Authors

  • Mariam Zarkua Grigol Robakidze University

DOI:

https://doi.org/10.52340/zssulaw.2023.01.06

Keywords:

recognition, execution of decisions

Abstract

Recognition and execution of the foreign court decisions at the same time as globalization represents both an opportunity and a challenge for the international legal system. The article aims to examine the legal framework and practice around the cross-boundary enforcement of judgments, both through a review of national legislation and practice, as well as the experience of foreign countries. The article, through doctrinal analysis, presents the main issues that are essentially important to consider in the process of recognition and enforcement of foreign court decisions. In addition, the main factors influencing the recognition and enforcement mechanisms and the effectiveness of these mechanisms are highlighted. The article presents important differences between legal systems in relation to notice-execution approaches. The issue is interesting from the point of view that it is directly related to public policy, which is accompanied by a number of procedural difficulties. Naturally, effective administration of justice during cross-boundary court proceedings is essential in order to protect the rights of the parties involved in a specific case. In relation to this, the above-mentioned institution is an effective legal mechanism, which in the end effectively helps to harmonize international legal standards, which is necessary for continuous and rapidly developing international legal relations.

The issue is also interesting from the point of view of how the legal systems of countries with different jurisdictions can cooperate so that their sovereignty and public policy are not roughly treated. The transnational approaches that exist today need constant change and renewal, since cultural, political or social factors have a constant influence on this process. Unequal approaches will have a direct proportional negative impact on the rights of individuals.

A comparative analysis of the legal provisions, judicial approaches and international treaties regulating this field reveals the challenges and inconsistencies in the current approaches. Although there is a general tendency to simplify this process, there are significant difficulties due to differences in national legal traditions, bilateral requirements, sovereignty, and public policy.

Author Biography

Mariam Zarkua, Grigol Robakidze University

Barrister, PhD Student

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Published

2025-02-02

Issue

Section

Articles