Abstract

The Resolution adopted by the Institut de Droit International deals with private international law as a global system of rules, where provisions on jurisdiction, applicable law and recognition of foreign judgments play a coordinated role. Article 20, therefore, extends to the proceedings for recognition and enforcement of foreign decisions some basic principles, pertaining to the protection of fundamental rights. In so doing, Article 20 reflects some indications expressed by the European Court of Human Rights in its jurisprudence. The proceedings before the State of recognition or enforcement need to comply with the parties’ right to a fair hearing, which encompasses the right to an effective legal protection also with respect to the exequatur of the foreign decision. As a result, the exequatur proceedings are indicated to be an opportunity for a verification whether before the foreign court the fundamental human rights have been respected: denial of recognition or enforcement are required when before in the country of origin a fair trial was denied, or the competence of the foreign court was based on exorbitant criteria. Notwithstanding the relevance of human rights with respect to recognition or enforcement of a foreign judgment, the Resolution does not appear to ground a right to obtain an exequatur