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In law, the enforcement of foreign judgments is the recognition and enforcement in one jurisdiction of judgments rendered in another ("foreign") jurisdiction. Foreign judgments may be recognized based on bilateral or multilateral treaties or understandings, or unilaterally without an express international agreement.
The policing of transnational and international crimes is a challenge to state-based law enforcement agencies, as jurisdiction restricts the direct intervention a state's agencies can legally take in another state's jurisdiction, with even basic law enforcement activities such as arrest and detention "tantamount to abduction" when carried out extraterritorially. [3]
Jurisdiction within such a convention would be classified in three categories: bases of jurisdiction which were obligatory, optional or prohibited. As the negotiators were not able to come to a consensus on such a convention, the scope of the work was reduced to jurisdiction and recognition of decisions based on a choice of court agreement ...
Cedric Ryngaert, Professor of Public International Law and Head of the Department of International and European Law at Utrecht University, noted that a state asserting jurisdiction over crimes committed in other jurisdictions would still prosecute in the state's own territorial courts. [1]
"Report on the Convention on jurisdiction and the enforcement of judgments in civil and commercial matters". Official Journal of the European Communities. 22 (C-59): 37. Case law "Color Drack GmbH v Lexx International Vertriebs GmbH (Court of Justice of the European Communities)". Official Journal of the European Union (C-386/05). 3 May 2007
The obligation of aut dedere aut judicare for all crimes is however not assured, and Stigall notes that "some contemporary scholars hold the opinion that aut dedere aut judicare is not an obligation under customary international law but rather “a specific conventional clause relating to specific crimes” and, accordingly, an obligation that ...
The Statute is divided into 5 chapters and consists of 70 articles. The Statute begins with Article 1 proclaiming: "The international Court of Justice established by the Charter of the United Nations as the principal judicial organ of the United Nations shall be constituted and shall function in accordance with the provisions of the present Statute."
The International Court of Justice has jurisdiction in two types of cases: contentious cases between states in which the court produces binding rulings between states that agree, or have previously agreed, to submit to the ruling of the court; and advisory opinions, which provide reasoned, but non-binding, rulings on properly submitted questions of international law, usually at the request of ...