The Limits of the 2019 Hague Convention on the Recognition and Enforcement of Foreign Judgments (Analytical Study)

Abstract

The Hague Conference, since Its inception, has worked to unify private international law and address the requirements that would protect individual rights from being lost due to the presence of a foreign element. Hence, the issue of recognition of foreign judgments has received considerable attention from conference participants. Issuing a ruling by a competent court, regardless of Its internal laws, and the need to express Its results within the framework of other cooperatives, is a matter of distinct importance in the context of private International law. The arrangement of the results, with Its subsequent recognition, draws from a part of the legal system's specific knowledge, leading to the Integration of innovators In many fields. Therefore, work has been underway on the conference since 1992, after moving away from the Brazilian New Year's Treaty, until the 2019 Hague Convention, which entered Into force between the contracting states on September 1, 2023. Its scope includes harmful and commercial damages, but many exceptions affect most of them at the core of harmful and commercial matters. This has led to problems In arriving at a disciplined approach for a significant reason, as to the intended meaning of harmful and commercial damages. Therefore, we have looked only at the boundaries to arrive at the original and Interpretive points regarding the choice to define the specific scope of the agreement, as establishing a framework for the agreement clearly reflects the Implementation of the process.