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Articles for the keyword(s) "Enforcement of foreign judgments "

"Free Trade Agreement between the Government of the People’s Republic of China and the Government of New Zealand"

A H Angelo and Ping Xiong, 2008

This article provides a structural overview of the Free Trade Agreement between China and New Zealand. Particular focus is given to the dispute resolution mechanism put in place by the agreement. The last part of the article provides an introduction to the law of China. The author’s focus is on the main features of contract, commercial and intellectual property law. The conflict of laws rules regarding choice of law and the enforcement of foreign judgments relevant to these areas are also discussed.

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“Enforcing Foreign Judgments at Common Law in New Zealand: Is the Concept of Comity Still Relevant?”

John Turner, 2013

In this article, the author explores the role of comity as the theoretical basis of the enforcement of foreign judgments at common law in New Zealand. The author outlines the development of the concept of comity from its historical origins involving the promotion of reciprocity between courts to its modern iteration based on the recognised desirability of the enforcement of a debt obligation that binds defendants. The author’s thesis is that comity alone, in both its historical and modern conceptions, is an inadequate theoretical basis for the enforcement of foreign judgments. Instead, the author suggests that the use of comity as a basis for enforcement should be buttressed by a strong commitment by the courts to meeting the needs of international trade and commerce.