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The Enforcement Of Foreign Judgments In The Jurisprudence Of The European Court Of Human Rights, Theodor Jr Schilling
The Enforcement Of Foreign Judgments In The Jurisprudence Of The European Court Of Human Rights, Theodor Jr Schilling
Theodor JR Schilling
The enforcement of foreign judgments is a matter of choice for the States. The ECtHR has recognised the value of exequatur proceedings in protecting human rights of the foreign-judgment debtor. On the other hand, the Court postulates, in principle, a human right of the foreign-judgment creditor to an exequatur. The Court has to find a reasonably closed system guaranteeing both rights while at the same time paying due respect to the Convention States' margin of appreciation. The present contribution will discuss how the Court's jurisprudence fits the States' preoccupations on this subject as reflected in general international law and in …