The article gives a comparative overview of cross-border civil procedure law with particular reference to non-recognized States in the post-Soviet region. It first analyses the relevance of public international law with regard to cross-border civil procedure relating to non-recognized States, i.e. rules of customary public international law and treaty law, and takes a short look at EU law. It comparatively presents the respective legislation both of the non-recognized States and their parent countries and some third countries. Particular mention is made of “interlocal” relations between non-recognized States and parent States. Finally, the article gives an overview of international and national jurisprudence on matters of cross-border civil procedure relating to non-recognized States globally and with a particular view to such entities in the post-Soviet region. The various specific subject areas of cross-border civil procedure (jurisdiction, judicial assistance, recognition and enforcement of judgements etc.) are addressed in the context of the general analysis.

错误:搜索内容不能为空,请输入英文关键词
错误:关键词超出字数限制,请精简
高级检索

Non-Recognized States in Cross-Border Civil Procedure: With Particular Regard to the Post-Soviet Region

  • Alexander Trunk

摘要

The article gives a comparative overview of cross-border civil procedure law with particular reference to non-recognized States in the post-Soviet region. It first analyses the relevance of public international law with regard to cross-border civil procedure relating to non-recognized States, i.e. rules of customary public international law and treaty law, and takes a short look at EU law. It comparatively presents the respective legislation both of the non-recognized States and their parent countries and some third countries. Particular mention is made of “interlocal” relations between non-recognized States and parent States. Finally, the article gives an overview of international and national jurisprudence on matters of cross-border civil procedure relating to non-recognized States globally and with a particular view to such entities in the post-Soviet region. The various specific subject areas of cross-border civil procedure (jurisdiction, judicial assistance, recognition and enforcement of judgements etc.) are addressed in the context of the general analysis.