Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 1 of 1
Full-Text Articles in Entire DC Network
The Effect Of The Taiwan Relations Act Of 1979 On Res Judicata And Collateral Estoppel With Respect To Taiwanese And Third-Country Parties In United States Courts, Michael Buxton Devine
The Effect Of The Taiwan Relations Act Of 1979 On Res Judicata And Collateral Estoppel With Respect To Taiwanese And Third-Country Parties In United States Courts, Michael Buxton Devine
Richmond Journal of Global Law & Business
President Jimmy Carter terminated diplomatic relations be- tween the United States and the Republic of China (the ROC) or Taiwan on January 1, 1979, and Congress enacted the Taiwan Relations Act of 1979 (the TRA), effective on April 10, 1979, in order to replace the former diplomatic relations. The question then arose as to whether United States courts must recognize and enforce judgments of Taiwanese courts with respect to third-country plaintiffs who have prevailed over Taiwanese defendants. If so, then such third-country plaintiffs would be able to rely on the principles of res judicata and collateral estoppel in United States …