THE INDIRECT CRITERIA FOR THE RECOGNITION AND ENFORCEMENT OF FOREIGN JUDGMENTS

The twenty-second diplomatic session of the Hague Conference on Private International Law closed on 2 July 2019 with the adoption of the Convention on the Recognition and Enforcement of Foreign Decisions in Civil and Commercial Matters, also known as the Judgments Convention. The present work focused on analyzing the indirect criteria that are provided for in art. 5 of the Conference of the Hague for the recognition and enforcement of judgments. This is an ambitious project that will give rise to a global enforcement regime on the circulation of judgments. The shortcomings are still many as well as the debate between civil and common law, but the time is ripe for a concrete project of broader inspiration, more political and less juridical. The method used in our work is based on comparative doctrine and jurisprudence on a global level.