The Need for a Federal Statutory Approach to the Recognition and Enforcement of Foreign Country Judgments
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Description
The topic of my panel at the 2013 Sokol Colloquium—of which this chapter is a product—was a discussion of “common law” versus statutory approaches to enforcing foreign country judgments. One will not be surprised that I, as one of the Reporters for the American Law Institute project—Recognition and Enforcement of Foreign Judgments: Analysis and Proposed Federal Statute—not only favor a statutory approach but also believe that a federal statute is vastly superior to a state statute, even when the state statute is a Uniform Act. Quite apart from the specific ALI proposal for a federal statute, I strongly believe that the law on recognition and enforcement of foreign country judgments should be that of a uniform national standard. That objective can only be accomplished with a federal statute; neither a common law approach nor promulgation of a Uniform Act can achieve that goal.
Source Publication
Foreign Court Judgments and the United States Legal System
Source Editors/Authors
Paul B. Stephan
Publication Date
2014
Recommended Citation
Silberman, Linda J., "The Need for a Federal Statutory Approach to the Recognition and Enforcement of Foreign Country Judgments" (2014). Faculty Chapters. 1422.
https://gretchen.law.nyu.edu/fac-chapt/1422
