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"There is a legal regime for enforcing foreign judgments but there is a lot of discretion for U.S. judges to suspend the enforcement of foreign judgments".
The bill passed by the Senate on Monday would prohibit American courts from enforcing foreign defamation judgments if the judgments are inconsistent with First Amendment protections.
The accord's grace period for developing countries to be in compliance and begin enforcing foreign patents ends on Jan . 1 , 2005and many poor countries are grappling with how to meet their trade-treaty obligations and still get affordable medicines to combat epidemics.
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They expressed concern about potentially having to enforce foreign laws and an international treaty.
In response, American states have passed laws allowing their courts to refuse to enforce foreign judgments if the country's free-speech provisions are insufficiently sturdy.
Because Indonesia does not enforce foreign rulings, litigants that have won cases against a local company abroad must restart their court cases in Indonesia from scratch.
Arbitration is essential for cross-border deals involving China, since its judges rarely enforce foreign court decisions but are bound to uphold arbitration awards by the New York Arbitration Convention, which it signed in 1987.
So has the classic imperial tactic of using religious and ethnic divisions to enforce foreign occupation: whether by the Americans in Iraq, the French in colonial Syria and Lebanon or the British more or less wherever they went.
The Brussels Convention, for instance, lets consumers sue a foreign website in their home country only if the site can be proved to have aimed at that country's market.Many courts are likely to refuse to enforce foreign judgments on matters of widely differing practice, especially where free speech is concerned.
This treaty, which is due to be adopted at a diplomatic conference in June, was first proposed by the American government in the early 1990s to formalise worldwide what American courts already often do: enforce foreign judgments in matters such as intellectual-property claims, contractual disputes and libel.
If so, then Berne Convention members who have not yet ratified the WCT are not obliged to enforce foreign Berne Union authors' rights of making available (unless that country's own authors enjoy such a right, in which case the principle of national treatment would require extending the same protection to Unionist authors).
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com