Entries by Béligh Elbalti

Recognition of Italian Extrajudicial Divorces in Tunisia — Between Methodological Uncertainty and the Need to Preserve Continuity of Personal Status Across Borders

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I. Introduction Recent years have witnessed a movement towards the dejudicialization of consensual divorce and the proliferation of extrajudicial divorce mechanisms notably in Europe. While this mode of “private divorce” is not, as such, a new phenomenon and extrajudicial divorce has been practised in different forms across various parts of the world (see e.g.,  Béligh […]

【Out Now】Silberman’s Hague Academy General Course: The Counter-Revolution in U.S. Private International Law: From Standards to Rules?

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For anyone who begins studying private international law – particularly from a civil law perspective – one of the first concepts encountered, after Savigny’s ‘Copernican Revolution’, is the American ‘Choice-of-Law Revolution’. Since the late 1950s, American courts and scholars have progressively abandoned the rigid territorial methodology embodied in the First Restatement of Conflict of Laws […]

Refusal to Enforce in Egypt of a Californian (U.S.) Judgment for Lack of Reciprocity: What Has Gotten into the Egyptian Supreme Court?

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  I. Introduction Sometimes, reading court decisions leaves a strange sense of confusion, especially when the decision rendered not only contradicts a well-established line of case law, but also when the court, in the very same decision, reveals internal contradictions. Several months ago, I critically discussed on this blog

PRC Double Interest neither Double nor Penal: Australian Courts Clear Its Name When Enforcing Chinese Judgments

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  This post was kindly prepared by Dr. Meng Yu, lecturer at China University of Political Science and Law, and co-founder of China Justice Observer.   [ABSTRACT] Recent Australian case law clarifies that the “double interest” mechanism in the People’s Republic of China (hereafter ‘PRC’) monetary judgments functions as a compensatory post-judgment interest framework rather than […]