Christian Schulze (University of South Africa) has published a mongraph: On Jurisdiction and the Recognition and Enforcement of Foreign Money Judgments (Unisa Press). It is the first book of its kind to cover African countries, including Botswana • Malawi • Namibia • South Africa • Swaziland • Tanzania • Uganda • Zambia. The publisher states:
This is a systematic and thorough exposition, with abundant reference to relevant local and international statutes, conventions, treaties, case laws and other authorities, which makes it a very valuable source of knowledge in this field.
In an ever-shrinking world where trade and commerce flow almost naturally across all national boundaries, it is no surprise that the number of cross-border disputes is on the rise. A significant problem associated with the resulting increasing international litigation is the absence of international courts with mandatory jurisdiction in international commercial matters.
Once the litigant has overcome the hurdle of identifying the court which has jurisdiction to hear the international dispute, he may yet face the problem of having the judgment of that court recognised and enforced in another country.
This book is intended to provide some guidelines for establishing the right forum and having a judgment recognised and enforced in another forum. It deals not only with South African, but also with European and English law, as well as the laws of seven Southern African countries.
ISBN 1 86888 340 X (item 7461) xxii + 331pp, soft cover :SA price R119,00 (VAT incl) :Other countries in Africa R169,40 (airmail incl) :Europe and elsewhere: US$31.30 GB?19.90 €27.40 (airmail incl). It can be purchased directly from Unisa Press.
We will shortly be posting a review of the book, so stay tuned.