Please use this identifier to cite or link to this item: http://hdl.handle.net/1893/32543
Appears in Collections:Law and Philosophy Journal Articles
Peer Review Status: Refereed
Title: The fragmentation of (mutual) trust in Commonwealth Africa - a foreign judgments perspective
Author(s): Okoli, Pontian N.
Contact Email: pontian.okoli@stir.ac.uk
Issue Date: 2020
Date Deposited: 19-Apr-2021
Citation: Okoli PN (2020) The fragmentation of (mutual) trust in Commonwealth Africa - a foreign judgments perspective. Journal of Private International Law, 16 (3), pp. 519-548. https://doi.org/10.1080/17441048.2020.1846259
Abstract: Mutual trust plays an important role in facilitating the recognition and enforcement of foreign judgments. The 2019 Convention on the Recognition and Enforcement of Foreign Judgments also reflects some degree of mutual trust, although not explicitly. Commonwealth African countries seem to be influenced by mutual trust but have not yet adopted any coherent approach in the conflict of laws. This incoherence has impeded the recognition and enforcement of foreign judgments especially in Africa. This article seeks to understand the principle of mutual trust in its EU context and then compare it with the subtle application of mutual trust in the recognition and enforcement of foreign judgments in Commonwealth Africa. The article illustrates this subtle and rather unarticulated application of mutual trust primarily through decided cases and relevant statutory provisions in the Commonwealth African jurisdictions considered. The article then considers how the subtle application of mutual trust has sometimes resulted in parallel efforts to promote the recognition and enforcement of foreign judgments and how a proliferation of legal regimes can undermine legal clarity, certainty and predictability. A progressive application of mutual trust will help to ensure African countries maximise the benefits of a global framework on foreign judgments.
DOI Link: 10.1080/17441048.2020.1846259
Rights: This item has been embargoed for a period. During the embargo please use the Request a Copy feature at the foot of the Repository record to request a copy directly from the author. You can only request a copy if you wish to use this work for your own research or private study. This is an Accepted Manuscript version of the following article, accepted for publication in Journal of Private International Law. Okoli PN (2020) The fragmentation of (mutual) trust in Commonwealth Africa – a foreign judgments perspective. Journal of Private International Law, 16 (3), pp. 519-548. https://doi.org/10.1080/17441048.2020.1846259. It is deposited under the terms of the Creative Commons Attribution-NonCommercial License (http://creativecommons.org/licenses/by-nc/4.0/), which permits non-commercial re-use, distribution, and reproduction in any medium, provided the original work is properly cited.
Licence URL(s): http://creativecommons.org/licenses/by-nc/4.0/

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