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

Journal of Private International Law, 2010

46 Pages Posted: 31 Jul 2010  

Jie Jeanne Huang

University of New South Wales Law Faculty; Duke University School of Law

Date Written: 2010

Abstract

Judgment recognition and enforcement (JRE) between US sister states, between EU member states, and between Mainland China, Hong Kong, and Macao, are in the category of “interregional JRE.” This article focuses on what lessons China may draw from the US and the EU to develop its interregional JRE laws. It first discusses the status quo of the interregional JRE in China. Then it explores how the interregional economic integration demands the establishment of a multilateral interregional JRE arrangement in China. Finally it points out the four most crucial challenges in developing this arrangement: the challenge relating to the socialist characters of Mainland law, conflicts between civil and common laws, weak mutual trust, and the lack of a court of final review for cases from all the three regions. It proposes solutions to each challenge by comparative studies with the US and the EU interregional JRE laws.

Keywords: interregional judgment recognition and enforcement, China, the US, the EU, Hong Kong, Macao

JEL Classification: K33

Suggested Citation

Huang, Jie Jeanne, Interregional Recognition and Enforcement of Civil and Commercial Judgments: Lessons for China from US and EU Laws (2010). Journal of Private International Law, 2010. Available at SSRN: https://ssrn.com/abstract=1465317

Jie Jeanne Huang (Contact Author)

University of New South Wales Law Faculty ( email )

The Law Building UNSW
Sydney, 2052
Australia

HOME PAGE: http://www.law.unsw.edu.au/profile/jie-jeanne-huang

Duke University School of Law ( email )

210 Science Drive
Box 90362
Durham, NC 27708
United States

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