Undue Due Process: Why the Application of Jurisdictional Due Process Requirements to the Recognition of Foreign-Country Judgments Is Inappropriate
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Date
2017-07-27
Authors
Meier, Niklaus
Journal Title
Journal ISSN
Volume Title
Publisher
University of Oregon School of Law
Abstract
When the recognition of foreign-country judgments is sought in the United States, it occurs that recognition is denied due to lack of jurisdiction. In the United States, jurisdiction of foreign courts is examined according to the same due process requirements of the U.S. Constitution that apply to direct jurisdiction and to the recognition of sister-state judgments. These criteria were developed in a national, federal, interstate context and are not appropriate for claims involving international elements, which necessarily follow jurisdictional concepts differently than the United States does.
Description
30 pages
Keywords
International law
Citation
18 Or. Rev. Int'l. L. 51 (2016)