The harmonisation of rules on the recognition and enforcement of foreign judgments in the Southern African Customs Union
| dc.contributor.advisor | Martin, B | |
| dc.contributor.author | Rossouw, Mandi | |
| dc.date.accessioned | 2015-07-27T14:37:14Z | |
| dc.date.accessioned | 2025-03-03T08:41:06Z | |
| dc.date.available | 2015-07-27T14:37:14Z | |
| dc.date.available | 2025-03-03T08:41:06Z | |
| dc.date.issued | 2013 | |
| dc.description | Doctor Legum - LLD | en_US |
| dc.description.abstract | The thesis considers the approaches followed by the European Union with the Brussels Regime, the federal system of the United States of America under the ‘full faith and credit clause’; the inter-state recognition scheme under the Australia and New Zealand Trans- Tasman judicial system; as well as the convention-approach of the Latin American States. It finds that the most suitable approach for the SACU is the negotiation and adoption by all SACU Member States of a multilateral convention on the recognition and enforcement of foreign judgments, comparable to the 1971 Convention of the Hague Conference on Private International Law; the EU Brussels I Regulation and the Latin-American Montevideo Convention, as complemented by the La Paz Convention. It is imperative that a proposed convention should not merely duplicate previous efforts, but should be drafted in the light of the legal, political and socio-economic characteristics of the SACU Member States. The current legislative provisions in force in SACU Member States are compared and analysed, and the comparison and analysis form the basis of a proposal for a future instrument on recognition and enforcement of foreign judgments for the region. A recommended draft text for a proposed Convention on the Recognition and Enforcement of Foreign Judgments for the SACU is included. This draft text could form the basis for future negotiations by SACU Member States. | en_US |
| dc.identifier.uri | https://hdl.handle.net/10566/20250 | |
| dc.language.iso | en | en_US |
| dc.publisher | University of the Western Cape | en_US |
| dc.rights.holder | University of the Western Cape | en_US |
| dc.subject | Southern African Customs Union | en_US |
| dc.subject | Foreign judgments | en_US |
| dc.subject | International trade | en_US |
| dc.subject | Cross-border litigation | en_US |
| dc.title | The harmonisation of rules on the recognition and enforcement of foreign judgments in the Southern African Customs Union | en_US |
| dc.type | Thesis | en_US |