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1 results

  • 4 - The Commonwealth Model and Common Law Recognition and Enforcement

  • from Part I - Transnational Recognition and Enforcement
  • Drossos Stamboulakis, Monash University, Victoria
  • Book:
    Comparative Recognition and Enforcement
    Published online:
    10 November 2022
    Print publication:
    24 November 2022, pp 83-119

  • Summary

    Chapter 4 analyses the Commonwealth-driven approach to reciprocal recognition and enforcement, referred to in this book as the ‘Commonwealth Model’. At its core, the Commonwealth Model is a statutory judgment registration system that is premised upon British dominion, seconded, only where historical ties (but not dominion) extends, by reciprocity. Because this approach substantially replicates or relies for efficacy on its common law underpinnings, this chapter includes an analysis of these underlying common law foundations and approaches to recognition and enforcement.