Enforcement of Court Decisions Under the Cape Town Convention

University of Luxembourg Law Working Paper No. 2020-001

Cape Town Convention Journal, 2018, Vol. 7

15 Pages Posted: 6 Mar 2020

See all articles by Gilles Cuniberti

Gilles Cuniberti

Universite du Luxembourg - Faculty of Law, Economics and Finance; University of Luxembourg

Date Written: 2018

Abstract

The purpose of this article is to explore the influence of the Cape Town Convention on the enforcement of foreign judgments. Although the issue is not expressly addressed by the Convention, the article argues that the jurisdictional rules of the Convention should be interpreted as entailing an implicit obligation to enforce the resulting judgments. After demonstrating that such conclusion would be consistent with the rules of interpretation of the Convention, the article explains what the regime of the implicit obligation to enforce judgments made under the Convention would be.

Keywords: Private international law, conflict of laws, foreign judgments, Cape Town Convention

Suggested Citation

Cuniberti, Gilles, Enforcement of Court Decisions Under the Cape Town Convention (2018). University of Luxembourg Law Working Paper No. 2020-001, Cape Town Convention Journal, 2018, Vol. 7, Available at SSRN: https://ssrn.com/abstract=3533248 or http://dx.doi.org/10.2139/ssrn.3533248

Gilles Cuniberti (Contact Author)

Universite du Luxembourg - Faculty of Law, Economics and Finance ( email )

4 rue Alphonse Weicker
Luxembourg, L-2721
Luxembourg

University of Luxembourg ( email )

Faculté de Droit
4, rue Alphonse Weicker
Luxembourg, 2721
Luxembourg

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