The method of "recognition" in private international law

2014 Fiscal Year Final Research Report

• Project/Area Number: 24530046
• Research Category: Grant-in-Aid for Scientific Research (C)
• Allocation Type: Multi-year Fund
• Section: 一般
• Research Field: International law
• Research Institution: Kyoto University
• Principal Investigator: NAKANISHI Yasushi 京都大学, 法学(政治学)研究科(研究院), 教授 (50263059)
• Project Period (FY): 2012-04-01 – 2015-03-31
• Keywords: 承認 / 人権 / EU法 / 国際私法 / 欧州人権条約

Outline of Final Research Achievements

We have two techniques, choice of law and recognition of foreign judgment, as means to discipline an international relationship of individuals. In this study, we focus on several methods of "recognition".
First, there are two aspects for the basis of recognition of foreign judgments("decision"): not only the authority of the decision made by the foreign state institutions in due process, but also the respect of legitimate expectations of parties.
Second, for the recognition of foreign "situations" without decision of foreign state, this study clarifies that it is external requirements out of private international law that demand "recognition" of situations, and that there is a connection with the recognition of foreign judgments in terms of respect of legitimate expectations of parties as basis of recognition.

Free Research Field

国際私法