international judicial cooperation

Noting the importance of international judicial cooperation, Mr. Bazarov stressed that Turkmenistan has concluded intergovernmental agreements on mutual legal assistance and extradition with the following states: with the CIS countries within the framework of the Minsk Convention, with Georgia, the Republic of Uzbekistan, the Republic of . The correspondents role includes providing information about the participation of Latvia in judicial cooperation in criminal matters, providing information on the important topics of judicial cooperation, rendering assistance to the contact points and correspondents of other States on the procedure applicable in Latvia in the field of judicial cooperation. This is the most efficient scenario in that the cases are usually brought in the natural forum; both countries may have the incentives to improve the quality of their courts and the cost to relocate assets, to re-litigate to enforce judgments and to bring actions in an inappropriate court is also reduced. Magen (n 58) 74; R Copper and others, Communication in the Battle of the Sexes Game: Some Experimental Results (1989) 20 RAND J Economics 568. K Pham, Enforcement of Non-Monetary Foreign Judgments in Australia (2008) 30 Sydney L Rev 663, 673; J Linarelli, Towards a Political Theory for Private International Law (2016) 26 Duke J Comp Int L 299, 332. Competence of the Ministry of Justice in the field of judicial cooperation generally is aimed to cooperation during the stage of the court proceedings in both cross-border civil and criminal matters. Proceedings (American Bar Association. International Judicial Cooperation in Game Theory. It should be taken into account that judicial co-operation is also possible before the commencement of the court proceedings. The only difficulty of the multilateral treaty approach is the battle-of-the-sexes game at the negotiation stage, which makes negotiation difficult. See the exclusion in Art 2 of the Hague Choice of Court Convention; Art 2 of the Hague Judgment Convention 2019. ME Solimine, Game Theory and Private International Law, in J Basedow, G Ruhl, F Farrari and P de Miguel Asensio (eds), Encyclopaedia of Private International Law (EEL 2017) 830; Rosen (n 17) 783; R Brand, Recognition of Foreign Judgments as a Trade Law Issue, in JS Bhandari, AO Sykes (eds), Economic Dimensions in International Law (1997); M Whincop, The Recognition Scene: Game Theoretic Issues in the Recognition of Foreign Judgments (1999) 23 Melb U L Rev 416. Such as procedural irregularity, the infringement of public policy and incompetent original court. 3.5 International judicial cooperation. PowerPoint Templates. Doc No 21 of 2003; Prel Doc No 22 of 2003) and preliminary result of the working group (Prel Doc No 8 of 2003), all available at accessed 4 July 2018. In the battle-of-the sexes game, the couple may not be able to persuade each other to give up their favourite activities but could agree that they go out together, and each pursues their own preference for a shorter time. 14 This initiative included a public consultation (that was open for feedback until mid-May 2021), which aims to make digital judicial cooperation the default option by means of a legislative proposal by the end of . For instance, see Art 45 of the Brussels I Recast; Art 7 of the Hague Judgment Convention 2019. Chinas Supreme Peoples Court published two judicial interpretation to direct Chinese courts to adopt proactive measures to enforce foreign judgments (Opinions of the Supreme People's Court Regarding Further Providing Judicial Services and Guarantees by the People's Courts for the Belt and Road Initiative, Fa Fa [2019] 29, para 19) and to consider being the first to recognize and enforce the judgments from a Belt-and-Road country (Several Opinions of the Supreme People's Court on Providing Judicial Services and Safeguards for the Construction of the Belt and Road by People's Courts, Fa Fa [2015] 9, para 6). Interpol is currently headed by Major General . Applying Stag Hunt in judicial cooperation also suggests that although Countries A and B will receive a few benefits when both choose not to cooperate (receive hare), they will receive much greater benefits when they choose to (receive a stag). For instance, before a state recognizes and enforces foreign judgments, it usually examines whether the foreign court is competent, the defendant has opportunities to defend, the foreign proceedings do not infringe natural justice or due process and the enforcement of judgments is not contrary to the public policy of the enforcing country.64 Different countries impose distinct conditions. Game theory studies the strategy of the decision-making of one actor on the basis of the actual or anticipated actions of other actors.7 Furthermore, it provides a strong framework to study the interaction among multiple states and to model the strategic decision-making in judicial cooperation. Applying the Prisoners Dilemma in international judicial cooperation suggests that every country would have the incentive not to cooperate because neither trust the other, and more importantly, both want to receive the greatest advantage by refusing cooperation.53, A smaller number of commentators apply the Stag Hunt game to the analysis.54 In Stag Hunt, two hunters could hunt a stag if they cooperate. The only jurisdiction-related rules in the drafted new convention are indirect, which only enable the requested court to conduct a jurisdictional filter when considering whether a foreign judgment should be recognized. Once an international judicial cooperation treaty is adopted, the intention to breach or exit would be rare, and the relatively small compliance problems could be effectively managed by institutional compliance measures, which makes a multilateral treaty an effective tool to improve judicial cooperation. 43) directive of the European Parliament and of the Council/48/EU of 22 December 2004. Civil justice cooperation in the EU to facilitate the exercise of free movement. In international judicial cooperation important role is played by thebilateral (trilateral) international treatiesto which Latvia is a party. Besides replacing the full convention with a Choice of Court Convention, the HCCH decided to resume the whole project in 2012.117 Recognizing the reason for the partial failure of the original project, the resumed project proposes a new alternative to seek settlement for the battle-of-the-sexes game. Art 5(1) of the Hague Judgment Convention 2019. International Shoe Co v Washington, 326 US 310, 316317 (1945). Choose a social network where you want to share the content of this page. This task could be difficult, either too costly or impossible.68 The law of some countries is ambiguous, either without a clear guide to enforce foreign judgments or inconsistent inherently.69 Other countries may have a clear, positive law, but the practice differs considerably by imposing more restrictive standards.70 Before deciding whether to cooperate on the basis of reciprocity, a court must examine not only the law and practice, but also the hidden agenda behind the decision to determine whether and when reciprocity exists.71 The uncertainty reduces the efficiency of reciprocity as a sanction or reward to encourage cooperation from other states in practice in iterated interactions. Every country has its own private international law ready for other countries to consider. The final criticism is that states may not always be motivated by self-interest. bilateral (trilateral) international treaties, a number of multilateral international conventions, European Judicial Network in civil and commercial matters, Hague Conference on Private International Law. K Raustiala, Refining the Limits of International Law (2006) 34 Ga J Intl & Comp L 423, 436ff; D Bodansky, International Law in Black and White (2006) 34 Ga J Intl & Comp L 285, 301. The new draft takes the form of a single convention, in that it only harmonizes rules on enforcing foreign judgments without unifying the jurisdiction rules of the original court. A few reasons contribute to the EU success in harmonising judicial cooperation, and the most important is the unique institutional infrastructure. See Posner and Goldsmith (n 11) 11221128. A rational individual will choose to confess (defect), which is the best decision he could make, considering the best decision of the other player. At the international level, cooperation is mainly facilitated by the Hague Conference on Private International Law (HCCH). Some of these countries do not sign the New York Convention, such as Chad, Eritrea, Ethiopia, Gambia, Libya, Malawi, North Korea, Maldives, Namibia, Nauru, Niue, Palau, Saint Lucia, Samoa, Seychelles, Sierra Leone, Somalia, Timor-Leste, Togo, Tonga, Turkmenistan, Tuvalu, Vanuatu and Yemen. Triffterer, O. Fourthly, some states may not positively respond to reciprocity anyway because they do not mind being in a double non-cooperation situation. Lieberman and Montgomery (n 135) 47; B Wernerfelt, and A Karnani, Competitive Strategy under Uncertainty (1987) 8 Strategic Manag J 187. Both make foreign judgment enforcement difficult. The International Criminal Police Organization (Interpol): It is an international organization comprising 195 member states, aiming to establish international peace and security through international cooperation among member states. The European Judicial Network in civil and commercial matters consists of contact points designated by each Member State as well as representatives of the authorities with responsibility for judicial co-operation for the purpose of application of certain conventions. The mutual assistance will only be provided to other contracting states that have already ratified the convention, which is fundamentally different from public goods treaties, such as treaties tackling climate change, where late-movers may receive substantive benefits, ie environment protection, without commitment to cut the CO2 emission.149 Therefore, no very strong incentive discourages a state from ratifying a judicial cooperation treaty. Bulgaria was supposed to harmonise the national legislation with the acquis communautaire. The focus of the second sentence at the request of records lawyer Czech Bar Association in the list or the list of lawyers European lawyers. Some contracting states may be the home of more international defendants or assets and are providing more assistance to other states. The unilateral approach cannot bring the cooperative state the benefits sought but leave a state at the risk of losing certainty that it could otherwise have. Even if a country is willing to adopt a more liberal approach to enforce foreign judgments in general, this country will impose a few prerequisites. Art 29(2) of the Hague Judgment Convention 2019. John: The EU has developed additional judicial cooperation tools that EU brand owners can use to request and to obtain evidence from other EU countries. The cooperation based on the terms of international treaties may take different forms, taking into consideration the terms and conditions of the respective treaty. Sixty-fifth Plenary Meeting of the Special Commission, Report of Meeti tg No 65, 1. Thirdly, a state may reasonably worry about the relative gain if the great diversity and gaps with other states may harm its long-term interests and security. Presentation Creator Create stunning presentation online in just 3 steps. State B wins the competition in jurisdiction versus State A, and companies may wish to relocate their assets in State B bringing correlated benefits to State B, such as taxation and related business opportunities.56 However, it does not suggest absolute gain for State B. The Stag Hunt analysis also shows that mutual cooperation would bring the optimal outcome and that unilateral defect would reduce payoffs for the defector.151. The European Judicial Network, created in 1998, is composed of Contact Points in the Member States, designated by each Member State among central authorities in charge of international judicial cooperation and the judicial authorities or other competent authorities with specific responsibilities in the field of international judicial cooperation. No one state can strategically influence the decision of other states, and the strategic interdependence is reduced.58 Suppose that all other countries have clear and predictable domestic private international law rules available to help State A to decide its action, State A will not have the resource to study the domestic laws of all countries to make its legislative decision. Is international convention an effective means to improve the situation? The waste of judicial resources in deciding cases that are not closely connected with the local forum also generates concern of countries with active cross-border transactions. For example, the EU has a regulation that establishes a mostly EU-wide system for the transmission and execution of requests for evidence that is more efficient than the Hague Evidence Convention. However, although the original proposal of a comprehensive convention failed, another alternative was adopted. A state that has played a major role in negotiating an international treaty would have the interest to be the first-mover to demonstrate its confidence on this new system. In an increasingly globalised world, collaboration is more important than ever. This may not be true. GAME THEORETICAL ANALYSIS IN INTERNATIONAL JUDICIAL COOPERATION: THE THEORETICAL FRAMEWORK, 3. Basically, the international judicial cooperation is aimed at cooperation between judicial authorities in various matters of law in different cross-border situations. International treaties may suffer from the first-mover disadvantage at the ratification stage, which is not a fundamental barrier and may disappear over time. Although players must make a selection, the interest of each player is maximized as far as all players make the same choice. See Allen and Overy, Global Litigation Survey 2015, accessed 23 August 2019. Most judicial cooperation treaties include a denunciation clause that allows a state to unilaterally and legally exit the treaty.154. International Judicial Assistance. As a branch of rational choice theory, game theory is based on the assumption of rationality:10 rational actors make strategic decisions to maximize their own interests and preferences.11 This general assumption includes three sub-assumptions: first, states are rational actors; secondly, states have stable preferences or interests, which are fixed and made known to other states12 and thirdly, states act to maximize their own interests.13 All three assumptions may be subject to challenges. It furthers the University's objective of excellence in research, scholarship, and education by publishing worldwide, This PDF is available to Subscribers Only. Decisions regarded as short term or wrong by commentators may not necessarily suggest that the decision-makers are irrational. Section of International and Comparative Law) In 1992, the USA proposed a new judgment convention,97 which received a favourable response from the Hague Conference on Private International Law (HCCH) Permanent Bureau.98 The USA proposed for a mixed convention, which includes jurisdictional grounds that are permitted, prohibited and undefined (neither authorized nor prohibited),99 believing such flexibility would be the only means to achieve global acceptance.100 However, the European Commission and the Member States of the European Community preferred a Brussels-Lugano style double convention, wishing to export the successful regional model globally.101. 2020 Valsts kanceleja, all rights reserved for the Unified Web Platform. Commentators have suggested that individuals may be motivated by altruism or hatred/envy, which leads to a behaviour that does not serve self-interest.34 States may do the same by providing aid to foreign countries or imposing sanctions against foreign countries conducting inhumane activities.35 Therefore, a state may act to promote the interest of international society instead of its own. For instance, Article 5(1)(g) makes a judgment on contract obligations eligible for recognition if it was given by a court of the State in which performance of that obligation took place, or should have taken place, in accordance with (i) the agreement of the parties, or (ii) the law applicable to the contract, in the absence of an agreed place of performance, unless the activities of the defendant in relation to the transaction clearly did not constitute a purposeful and substantial connection to that state. Singapore signed the Convention on 25 March 2015 and ratified on 2 June 2016. The domestic laws of many countries are not cooperative enough to provide effective assistance to other countries.2 International progress is relatively slow, although important progress has been made,3 and bilateral treaties remain an important form of cooperation irrespective of costs and limited effects at the international level.4 The EU is a special case for successful, intensive and comprehensive cooperation, but the EU model is unique and cannot represent the common practice.5 Furthermore, the EU judicial cooperation is regional, which has geographic limits and cannot extend to the rest of the world. When making decisions to participate in judicial cooperation, states are driven by their own interests instead of international welfare. Theodore L Turocy and Bernhard von Stengel, Game Theory (CDAM Research Report 2001) 4; DG Baird, RH Gertner and RC Ricker, Game Theory and the Law (Harvard University Press 1998) 14; RB Myerson, Game Theory (Harvard University Press 1997) 19. The key factors that cause the non-cooperation situation in unilateral approaches are self-interest driving, the lack of trust and the lack of obligation. The most frequently occurring game in treaty negotiation is the battle-of-the-sexes game, which mixes coordination and conflicts where the parties have the common intention to cooperate, but conflict exists on which option to choose.94 A typical example is a couple wishing to go out together. If both confess and choose to betray their partner, then each serves two years in prison; if both refuse to confess and decide to cooperate with their partner, then each serves one year in prison and if A confesses (defects) and B does not (cooperates), then A is set free, and B serves 3 years, and vice versa. Bilateral treaties have a limited global impact. If a country breaches its treaty obligations whilst being a member, it only causes uncertainty, which cannot attract businesses and litigants or earn any competitive advantage. From the game theory perspective, withdrawal may occur in two occasions. Request Permissions, Proceedings (American Bar Association. For instance, whether special contracts, such as consumer and employment contracts, are involved. On the basis of the disagreements and consensus achieved in the first stage of negotiation, the working group proposed a smaller convention built on the consensus and common practice on the exclusive choice of court agreements in business-to-business cases.115 This alternative reflects the common interests of negotiators, and cooperation within the much narrower scope was achieved.116. See SA Riesenfeld and FM Abbott, Participation in the Making and Operation of Treaties (1991) 67 Chi-Kent L Rev 293. In the absence of a barrier for foreign litigation, the parties could choose jurisdiction on the basis of other factors, such as the quality and reputation of the national judicial system, the cost and convenience of litigation, the familiarity with the system, the potential application of law and the likely more favourable decision. It then would make decisions depending on the possible actions of other actors.41. Changing the self-interest driving nature of state actors is presumably difficult. Add. Cooperation with other networks and exchange lists of focal points Modus Operandi: Network plenary meetings (once or twice a year) Inter-regional and national training courses for criminal justice practitioners held in cooperation with the national and regional training institutions Under WACAP, Train the Trainer program in 2016 Post a quote from "International judicial cooperation "The Author: Al-mahd Ad-dwly Lldrasat Al-lya The quote is the literal transfer from the source and no more than ten lines. The response to the above criticisms is that rational choice theory is based on the assumed preferences of states.33 In other words, the preference may not be the preference of all stakeholders, of the majority of citizens or even the true preference of a particular state in reality. Terms and conditions of the international legal cooperation also arise froma number of multilateral international conventions. Countries that have made the first move may be worse off until other countries respond positively to cooperate. Radicalisation, Violent Extremism and Organised Crime, Rehabilitation, Reintegration and Community, Organisational Design, Change and Digital Transformation, Correctional Staff Management and Development, Ensuring fundamental rights in cross-border preventive measures, Discussing pretrial detention: overuse and alternatives, EU: Promoting judicial cooperation to support foreign individuals on probation, Promoting Judicial cooperation to balance crime prevention and fundamental rights. Tsuburaya Productions Co, Ltd v Beijing Yansha Youyi Shopping City Co, Ltd. However, this does not suggest that states act irrationally. Perez (n 51) 59; R Brand (n 43) 622623; Rosen, ibid, 809811; A Gardella and LGR di Brozolo, Civil Law, Common Law and Market Integration (2003) 51 Am J Comp L 611, 630. Allen and Overy, 341. Almost no literature applies game theory to analyse the full range of judicial cooperation methods from the unilateral domestic approach to international treaty-making and enforcement. With a personal account, you can read up to 100 articles each month for free. In addition, states are not opting for short-term policy randomly. Regardless of first-mover disadvantages, states that ratify early may receive other benefits. In terms of absolute gain, State A would gain more by staying instead of leaving, which is what a rational state should do. About Journal of International Dispute Settlement, 2. Louise Ellen Teitz, Another Hague Judgments Convention? (2019) 29 Duke J Comp & Int L 491, 494495. Being a member of a judicial cooperation treaty signals the obligation to cooperate and brings the benefit of reduced trade barriers. In the Prisoners Dilemma, a state receives the optimal result if it defects whilst the other cooperates. Such reciprocity does not exist, and the enforcement of foreign judgments would always be subject to the different prerequisites even if reciprocity is adopted. From the global perspective, international judicial cooperation could facilitate international transactions, provide certainty and predictability, and reduce unnecessary costs and risks arising out of international civil and commercial activities. See JF Coyle, Rethinking Judgments Reciprocity (2014) 92 NCL Rev 1109, 11541166. Judicial cooperation between the Member States of the European Union Member, for example, is regulated by thethe European Community instruments. The true benefits of an international convention cannot be fully explored until it is received by several countries in the world. To encourage the cooperation of others to achieve the winwin situation, these countries will consider sanctions to reduce the benefit a non-cooperator may otherwise receive. Whilst under the relative gains theory, the strategic decision-making focuses on whether the judicial cooperation makes other states receive competitive advantages versus itself, for example, by gaining more cases to the litigation market or by receiving more investment, instead of whether itself is better off than non-cooperation. Judicial cooperation Judicial cooperation in Europe aims to help people resolve administrative or legal issues in other EU countries as easily as at home. See Allan and Overy (n 2) 240, 290. Pham (n 6) 690; CH Peterson, Choice of Law and Forum Clauses and the Recognition of Foreign Country Judgments Revisited through the Lloyds of London Cases (2000) 60 Louisiana L Rev 1259, 1259. China refuses to enforce Japanese judgments in two cases: Gomi Akira v Japanese-Chinese Products (Japan) Co, Ltd, Intermediate People's Court of Dalian City, Liaoning Province (11 May 1994), SPC Gazette, Issue 1, 1996; Tsuburaya Productions Co, Ltd v Beijing Yansha Youyi Shopping City Co, Ltd, No 2 Intermediate Peoples Court of Beijing Municipality (2004) Er Zhong Min Chu Zi No 12687. Correcting and supplementing an entry in the register of civil status documents in Latvia is regulated by Law On Registration of Civil Status Documents and Cabinet of Ministers 03.09.2019. regulation No.761 Regulations on Registers of Civil Status Documents Chapter IX. When and how to prepare petitions for provisional extradition detention, formal extradition requests, It would also make it difficult to generate a simplified model or theoretical framework to examine the overall interaction between states. HL Jones, International Judicial Assistance: Procedural Chaos and a Program for Reform (1953) 62 Yale L J 515. BB Ferencz, Enforcing International LawA Way to World Peace (1983) 12; T Yang, International Treaty Enforcement as a Public Good (2006) 27 Mich J Intl L 1131, 1132. J von Neumann and O Morgenstern, Theory of Games and Economic Behavior (2nd edn, 1947); M Hirsch, Game Theory, International Law, and Future Environmental Cooperation in the Middle East (1999) 27 Denv J Int'l L & Pol'y 75, 79; C Roodt, Recognition and Enforcement of Foreign Judgments (2005) 38 Comp & Intl L J S Afr 15, 26; B Chapman, Rational Choice and Reasonable Interactions (2006) 81 Chi-Kent L Rev 75, 75. 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