The role of international agreements in the implementation of foreign judgments

International law and private international law belong to two different legal and political systems, although they share the fact that the legal relations they govern are characterized by a horizontal nature that brings together state actors and private actors who are individuals, moreover, international law has a great influence on international law, The first law is the dominant and dominant over the second, according to the principle of the transcendence of international agreements, and for this reason, the national legislator and the national judge are supposed to abide by the international conventions ratified by the state, because failure to comply with what these conventions brought does not result in international responsibility only. Rather, it is a violation of special international rules and a violation of general humanitarian principles that concern the international community as a whole, not to mention the role that these agreements can play in facilitating the implementation of foreign judgments before the judiciary Hence, We find that public international law has an impact in determining the applicable law that governs relations tainted with a foreign element, and because delving into the study of this subject leads us to broad topics under private international law, our study was limited to certain terms With regard to the role of international cooperation in implementing and recognizing foreign judgments, because the failure to implement these provisions harms the acquired rights of persons and the credibility of the justice system in the country. Therefore, we found that shedding light on the role played by international conventions is worthy of research and study, and for this reason, the enforcement of international conventions was first examined. In the legal systems of countries, and judicial cooperation agreements related to this subject.

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Publication Details

Journal
Imam Ja afar Al-Sadiq University Journal of Legal Studies
Published
2025-03-11
DOI
https://doi.org/10.64682/3104-9419.1106
Primary Topic
Conflict of Laws and Jurisdiction
Type
article
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0.00
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article

The role of international agreements in the implementation of foreign judgments

Hanin Faeq Hussein, Mustafa Salem Abdel Bakhit
Imam Ja afar Al-Sadiq University Journal of Legal Studies
Conflict of Laws and Jurisdiction
article

The role of international agreements in the implementation of foreign judgments

Hanin Faeq Hussein, Mustafa Salem Abdel Bakhit
article en

Abstract

International law and private international law belong to two different legal and political systems, although they share the fact that the legal relations they govern are characterized by a horizontal nature that brings together state actors and private actors who are individuals, moreover, international law has a great influence on international law, The first law is the dominant and dominant over the second, according to the principle of the transcendence of international agreements, and for this reason, the national legislator and the national judge are supposed to abide by the international conventions ratified by the state, because failure to comply with what these conventions brought does not result in international responsibility only. Rather, it is a violation of special international rules and a violation of general humanitarian principles that concern the international community as a whole, not to mention the role that these agreements can play in facilitating the implementation of foreign judgments before the judiciary Hence, We find that public international law has an impact in determining the applicable law that governs relations tainted with a foreign element, and because delving into the study of this subject leads us to broad topics under private international law, our study was limited to certain terms With regard to the role of international cooperation in implementing and recognizing foreign judgments, because the failure to implement these provisions harms the acquired rights of persons and the credibility of the justice system in the country. Therefore, we found that shedding light on the role played by international conventions is worthy of research and study, and for this reason, the enforcement of international conventions was first examined. In the legal systems of countries, and judicial cooperation agreements related to this subject.

Imam Ja afar Al-Sadiq University Journal of Legal StudiesVol. 4(2)
Openalex Percentile: Top 75%
Conflict of Laws and Jurisdiction
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The role of international agreements in the implementation of foreign judgments — Hanin Faeq Hussein, Mustafa Salem Abdel Bakhit · Imam Ja afar Al-Sadiq University Journal of Legal Studies (2025) | TGRS Research Map | TGRS