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1 Sovereignty, Territoriality, and the Enforcement of Foreign Judgments

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Chapter Summary

This chapter explores the differences between domestic and foreign judgments. It distinguishes the special rules applicable to recognition of judgments from sister states from those applicable to judgments of foreign states. The chapter reviews the standard exceptions for recognition of foreign international judgments and how they open the door to the invocation of enforcing court (F2)'s sovereign power based on its territorial control over the defendant and defendant's property. The exclusive control that F2 exercises over enforcement within its boundaries gives its courts the power to engage in review of the judgments of adjudicating court (F1). The chapter offers a justification for this regime of limited recognition of foreign judgments derived from external effects, both detrimental and beneficial, that result from the judgment of F1. Sovereignty and territoriality determine the need for exceptions to the recognition of foreign judgments, even if they do not determine their precise form and content.

Keywords: defendant property; foreign judgments; sovereignty; territoriality



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