Coordination of Legal Systems by the Recognition of Foreign Judgments — Rethinking Reciprocity in Sino-Japanese Relationships

Abstract

In the era of globalization, commercial transactions readily gain international dimensions and are increasingly delocalized. With a view to establishing effective dispute resolution mechanisms, it is desirable that judgments rendered in one state be recognized and enforced in other states. This is especially important in East Asia, as cross-border business activities are rapidly expanding along with its economic growth. This paper aims to examine the recognition and enforcement of judgments in civil and commercial matters in East Asia with a focus on Sino–Japanese relationships, where the establishment of a reciprocal relationship has posed a considerable challenge. It is worth considering how we can gradually pave the way towards the mutual recognition and enforcement of judgments to achieve coordination among legal systems.

Keywords

recognition and enforcement of foreign judgments / reciprocity / East Asia / China / Korea / Japan

RIGHTS & PERMISSIONS

2019 Higher Education Press