1. Exequátur o visado de entrada de los laudos extranjeros.
- Author
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MULLERAT BALMAÑÁ, RAMÓN
- Subjects
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PASSPORTS , *LEGAL judgments , *TRAVEL regulations , *ARBITRATION & award , *LEGAL status of travelers ,CONVENTION on the Recognition & Enforcement of Foreign Arbitral Awards (1958) - Abstract
The passport, as a document to pass freely from one country to another, goes back to the Bible, according to which Nehemiah, an official serving King Artaxerxes I, asked permission to travel to Judea, and the monarch gave him a letter «to the governors beyond the river» requesting safe passage through their lands, but it was probably King Henry V of England who invented the first modern passport in the C15th to facilitate his subjects' travels to other lands. The situation has barely changed since then as even today to move from one country to another requires a passport. The same applies to judicial decisions. In an economically globalised world, it would make sense for judicial decisions to travel unhindered. But it is not so and because, despite globalization, the world is still made up of the «petty principalities» of the 193 member states of the United Nations, each with well-defined borders and fortified with state powers, including the courts, confined to them, so that for a judgment of one state to be recognized and enforced in another, unless special treaties exist, requires the «exequatur» or verification or approval of same by the other. The arbitration world has attained a highly efficient system consisting of the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards 1958. Of the 193 member states of the United Nations, 146 have signed this convention. [ABSTRACT FROM AUTHOR]
- Published
- 2012