Interregional Recognition and Enforcement of Civil and Commercial Judgments: Lessons for China from US and EU Law (Studies in Private International Law)

"Judgment recognition and enforcement (JRE) between US sister states, between EU member states, and between Mainland China, Hong Kong, and Macao, are in the category of "interregional JRE." This article focuses on what lessons China may draw from the US and the EU to develop its interregional JRE laws. It first discusses the status quo of the interregional JRE in China. Then it explores how the interregional economic integration demands the establishment of a multilateral interregional JRE arrangement in China. Finally it points out the four most crucial challenges in developing this arrangement: the challenge relating to the socialist characters of Mainland law, conflicts between civil and common laws, weak mutual trust, and the lack of a court of final review for cases from all the three regions. It proposes solutions to each challenge by comparative studies with the US and the EU interregional JRE laws"--Bloomsbury Publishing Judgment recognition and enforcement (JRE) between the US states, between EU Member States, and between mainland China, Hong Kong and Macao, are all forms of'interregional JRE'. This extensive comparative study of the three most important JRE regimes focuses on what lessons China can draw from the US and the EU in developing a multilateral JRE arrangement for mainland China, Hong Kong and Macao.Mainland China, Hong Kong and Macao share economic, geographical, cultural, and historical proximity to one another. The policy of'One Country, Two Systems'also provides a quasi-constitutional regime for the three regions. However, there is no multilateral JRE scheme among them, as there is in the US and the EU; and it is harder to recognise and enforce sister-region judgments in China than in the US and the EU. The book analyses the status quo of JRE in China and explores its insufficiencies; it proposes a multilateral JRE arrangement for Chinese regions to alleviate current JRE difficulties; and it also provides solutions for the macro and micro challenges of establishing a multilateral arrangement, drawing upon the rich literature on JRE regimes found in the US and the EU.ENDORSEMENTS'Professor Huang has completed a highly readable and comprehensive study of the issues governing recognition and enforcement of judgments among the three distinct legal regimes of the People's Republic of China...Her ideas will surely enrich the Chinese debate as well as provide interesting scholarly material for non-Chinese seeking greater understanding of legal reform in the PRC'.Peter D Trooboff, Senior Counsel, Covington & Burling LLP, Washington DC, USA'The book shows meticulous, analytical and comparative scholarship. Dr Huang's proposal of a multilateral arrangement makes an original and valuable contribution to the study of interregional judgment recognition and enforcement among Mainland China, Hong Kong, and Macao'.Renshan Liu, Professor and Dean, Law School of Zhongnan University of Economics and Law, China'Dr Huang's timely work provides an insightful analysis of one of the more vexed aspects of the inter-regional legal relations in Greater China. Her careful investigation makes a valuable contribution to the academic and practical work on the recognition and enforcement of judgments between China and her two special administrative regions. The comparative approach she adopts represents the true utility of comparativism for legal scholarship'.Bing Ling, Professor of Chinese Law, Sydney Law School, AustraliaPREFACE AND FOREWORDPlease click on the link below to read the preface and foreword:www.hartpub.co.uk/Huang_Preface_Foreword.pdfThe book won the First Prize for Excellent Scholarship awarded by the China Society of Private International Law in 2015. "The Irish Yearbook of International Law (IYIL) supports research into Ireland's practice in international affairs and foreign policy, filling a gap in existing legal scholarship and assisting in the dissemination of Irish thinking and practice on matters of international law. On an annual basis, the Yearbook presents peer-reviewed academic articles and book reviews on general issues of international law. Designated correspondents provide reports on international law developments in Ireland, rish practice in international bodies, Ireland and the Law of the Sea and the law of the European Union as relevant to developments in Ireland. In addition, the Yearbook reproduces key documents that reflect Irish practice on contemporary issues of international law. Publication of the Irish Yearbook of International Law makes Irish practice and opinio juris more readily available to Governments, academics and international bodies when determining the content of international law. In providing a forum for the documentation and analysis of North-South relations the Yearbook also makes an important contribution to post-conflict and transitional justice studies internationally. As a matter of editorial policy, the Yearbook seeks to promote a multilateral approach to international affairs, reflecting and reinforcing Ireland's long-standing commitment to multilateralism as a core element of foreign policy."--Bloomsbury Publishing. Preliminary Pages Series Editors' Preface Foreword Acknowledgements Contents 1. Introduction A. Introduction: Theme and Contribution of this Book B. Concept of Interregional JRE C. A Comparative Perspective D. The Need for, and Feasibility of, a Multilateral JRE Arrangement E. Structure of What Follows 2. Scholarly Achievements in Chinese Interregional Conflict of Laws A. General Theory of Chinese Interregional Conflict of Laws B. Interregional Judgment Recognition and Enforcement C. Comparative Studies 3. The Existing JRE System Among Mainland China, Hong Kong and Macao A. Regional JRE Laws B. Interregional JRE Laws C. The Next Stage: A Multilateral JRE Arrangement 4. Three Serious Macro Challenges and their Solutions A. Conflicts between Socialist Law and Capitalist Law B. Conflicts between Civil Law and Common Law C. Weak Mutual Trust D. Conclusion 5. Selected Rules of the Proposed Multilateral JRE Arrangement A. Scope B. Requirement for JRE: Finality C. Grounds for Refusing JRE D. Summary 6. Implementation of the Proposed Mulitlateral JRE Arrangement A. Legal Form B. Coordination Mechanism for Implementing the Proposed Multilateral JRE Arrangement C. Relationship with Other Interregional or International JRE Instruments 7. Conclusion Appendices 1. The Mainland–Hong Kong Arrangement 2. The Mainland–Macao Arrangement 3. Mainland Judgments Index This Extensive Comparative Study Of The Three Most Important Judgement Recognition And Enforcement (jre) Regimes Focuses On What Lessons China Can Draw From The Us And The Eu In Developing A Multilateral Jre Arrangement For Mainland China, Hong Kong, And Macao. Scholarly Achievements In Chinese Interregional Conflict Of Laws -- The Existing Jre System Among Mainland China, Hong Kong And Macao -- Three Serious Macro Challenges And Their Solutions -- Selected Rules Of The Proposed Multilateral Jre Arrangement -- Implementation Of The Proposed Multilateral Jre Arrangement. Jie Huang. Includes Bibliographical References And Index. The Yearbook stimulates further research into Ireland's practice in international affairs and foreign policy, filling a gap in existing legal scholarship and assisting in the dissemination of Irish thinking and practice on matters of international law