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On The Extraterritorial Implementation Of Temporary Measures

Posted on:2019-04-18Degree:MasterType:Thesis
Country:ChinaCandidate:C ChenFull Text:PDF
GTID:2356330566458032Subject:International law
Abstract/Summary:PDF Full Text Request
The implementation of provisional measures directly affects the advancement of dispute resolution procedures and the execution of final referees.In international civil and commercial dispute resolution procedures,due to different legal regulations,translations,interpretations,etc.,as well as defending the judicial sovereignty of the country,the attitudes and practices of different countries on the same legal issues are often very different,resulting in a certain degree obstruction of extraterritorial enforcement of provisional measures.In this article,firstly,introduced the basic issues briefly such as the definition of the extraterritorial enforcement of provisional measures,provisional measures and the legal basis for their implementation.Then,by enumerating the legislative and judicial practices that were implemented outside of the provisional measures of major countries,it was clear that countries would implement the attitudes,analysis of barriers to the implementation of provisional measures outside the border.Finally,through the analysis of obstacles,some specific suggestions are proposed to discuss how to make extraterritorial enforcement of provisional measures smoother,taking into consideration the specific circumstances of each country.
Keywords/Search Tags:Provisional measures, Execution outside the domain, Finality award, Principle of reciprocity
PDF Full Text Request
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