Enforcing Commercial Judgments between China and South Africa in the Context of BRICS and BRI
Bibliographic Data
| ID | 16767871 |
|---|---|
| Authors | Weidong Zhu (0000-0003-3359-3394, Chinese Academy of Social Sciences, corresponding author) |
| Year | 2021 |
| Volume | 65 |
| Issue | 2 |
| Pages | 179-203 |
| Publication date | 2021-06-01 |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | Journal of African Law (JOURNAL) |
| Journal identifiers | ISSN: 0221-8553 • E-ISSN: 1464-3731 |
| Publisher | Cambridge University Press (PUBLISHER • US) |
| DOI | 10.1017/s0021855320000297 |
| OpenAlex | W3112401406 |
| Language | EN |
| References cited | 5 |
The frequent business transactions between China and South Africa in the context of BRICS and the Belt and Road Initiative have resulted in many commercial disputes. The ultimate resolution of such disputes requires a feasible enforcement mechanism for commercial judgments, but some obstacles remain when enforcing commercial judgments from each side. Both countries have adopted different approaches and principles to ascertain the jurisdiction of the adjudicating court, the application of reciprocity and an understanding of public policy. This article examines these obstacles by comparing the two enforcement regimes, and explores ways to overcome these obstacles and to realize the free flow of commercial judgments between both sides
Business · China · Context (archaeology) · Economics · Enforcement · Geography · International trade · Jurisdiction · Law and economics · Political science · Reciprocity (cultural anthropology) · Sociology · Corporate Law and Human Rights · International Arbitration and Investment Law · International Law and Human Rights · Law
The Hague Conference on Private International Law's Proposed Draft Text on the Recognition and Enforcement of Foreign Judgments
A Brief Analysis of the Disputes Arising from China-African Civil and Commercial Transactions
The Positive Role of Public Policy in Private International Law and the Recognition of Foreign Muslim Marriages
| Highly cited | No |
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