The role of the reciprocity requirement in the harmonization of standards for the recognition and enforcement of foreign judgments

• Introduction
  
• Part I: The Traditional Role of Reciprocity
  
• Chapter I: The Traditional Role through the Unilateral Application of Reciprocity
  
  • Section I: Reciprocity as a Positive Requirement for the Harmonization of Standards for the Recognition and Enforcement of Foreign Judgments: The Doctrine Comity
    
    • Paragraph A - The notion of Positive reciprocity or Comity
      
      • I - Comity as an attitude of a mere courtesy and good will
        
    • Paragraph B - The Application of Positive Reciprocity and its Role in the Harmonization of Standards for the Recognition and Enforcement of Foreign Judgments
      
  • Section II: Reciprocity as a Negative Requirement or Prerequisite to the Recognition and Enforcement of Foreign Judgments
    
    • Paragraph A - The Notion of Negative Reciprocity
      
    • Paragraph B - The Role of the Negative Reciprocity in the Harmonization of Standards for the Recognition and Enforcement of Foreign Judgments
      
  • Chapter II: Multilateral Application of Reciprocity
    
    • Section I: Reciprocity and Bilateral Treaties
      
      • Paragraph A - The Use of Reciprocity in Bilateral Treaties on Recognition and Enforcement of Foreign Judgments
        
        • I - Reciprocity as a Commitment to Recognize and Enforce Foreign Judgments Rendered in the Contracting State
          
        • II - Reciprocity in Implementing Simplified Procedures for the Recognition and Enforcement of Foreign Judgments
          
      • Paragraph B - The Role of Reciprocity in Bilateral Treaties on the Recognition and Enforcement of Foreign Judgments
        
    • Section II: Reciprocity and Multilateral Treaties
      
      • Paragraph A - Regional Treaties
        
        • I - The Full Faith and Credit Clause
          
          • A - The History of the Full Faith and Credit Clause in the United States
            
          • B - Full Faith and Credit Clause and Reciprocity: Effect on the Recognition and Enforcement of Sister-Judgments
            
          • A - The Establishment of the Unified European Standards for the Recognition and Enforcement of Judgments
            
          • a - The Establishment of the Brussels Convention
            
          • c - From the Brussels Convention to the Brussels Regulation
            
          • B - Reciprocal Treatment under the Brussels Regime
            
      • Paragraph B - Worldwide Treaties: The Hague Efforts in Drafting a Convention on Jurisdiction and Foreign Judgments in Civil and Commercial Matters
        
        • I - The Hague Convention on Recognition and Enforcement of Judgments: Failure of Efforts to Establish a Wide-Ranging Global Convention
          
        • II - The Hague Judgments Convention on the Choice of Courts Agreements
          
• Part II - Reciprocity Proposed Role: The Renewed Interest in the Reciprocity Requirement
  
  • Chapter I: The Reasons behind the Resurrection of the Reciprocity Requirement
    
    • Section I: The liberal US practice in the Recognition and Enforcement of Foreign Judgments
      
      • Paragraph A - Rejection of Reciprocity in Common Law
        
        • I) The Watershed Case: Hilton v. Guyot:
          
        • II) Rejecting the Reciprocity Requirement by State Courts: Johnston v. Compagnie Générale Transatlantique
          
        • III) Rejecting the Reciprocity Requirement by Federal Courts
          
      • Paragraph B - Rejection of Reciprocity in State Law
        
        • I) The Uniform Foreign-Money Judgments Recognition Act (UFMJRA)
          
        • II) The Restatements
          
    • Section II - The Non-Recognition of American Judgments Abroad
      
      • Paragraph A - Refusal Due to the Lack of Uniformity with Regards to Reciprocity
        
      • Paragraph B - Refusal Due to the Complexity of the American System of Recognition and Enforcement of Foreign Judgments
        
  • Chapter II: Description of the ALI's Project: Non-Reciprocity as a Defense
    
    • Section I: The Reciprocity Requirement in the ALI Project
      
      • Paragraph A - the Manifestation of Reciprocity in the Proposal Federal Statute
        
        • I - The Operation of Reciprocity as to Improve the Recognition of American Judgments Abroad
          
          • A - Reciprocity as a Mandatory Requirement for the Recognition and Enforcement of Foreign Judgments
            
          • B - Application of the Reciprocity Requirement
            
          • a) The Role of the Parties and the Burden of Proof:
            
          • b) Determination of the Reciprocity Requirement by the American Enforcing Court
            
      • Paragraph B - Reciprocity as a «Negotiating Tool»
        
        • I - The Role of State Department
          
        • II - Agreements with Foreign States
          
    • Section II: The Anticipated Impact of Reciprocity as Described in the ALI's Project on the Harmonization of Standards for Recognition and Enforcement of Foreign Judgments
      
      • Paragraph A - Impact of the Reciprocity Requirement on the Recognition and Enforcement of Foreign Judgments.
        
        • I - Impact of the Reciprocity Requirement on the Recognition and Enforcement of American Judgments Abroad
          
        • II - Impact of the Reciprocity Requirement on the Recognition and Enforcement of Foreign Judgments in the United States
          
      • Paragraph B - Limits of the Reciprocity Requirement Proposed Role
        
        • I - The Proposed Reciprocity Requirement is not an Effective Solution to the Problem of Recognition and Enforcement of Foreign Judgments
          
        • II - The Subsistence of the Negative Impact of the Reciprocity Requirement Shows the Unsuitability of the Notion in the Field of the Recognition and Enforcement of Foreign Judgments
          
• Conclusion of Part II
  
• General Conclusion:
  
• References