The Inspiration of International Instruments in the Establishment of Sino-Thai Judicial Cooperation of Judgment Circulation
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Abstract
In order to ensure the performance of cross-border litigation in general civil and commercial matters between Thailand and China, this article examines the legitimacy issues and judicial gaps between Thailand and China. To protect the flow of people, goods, and services between Thailand and China, it is crucial to establish the instruments of judgment circulation.
The author discovers the incompatibilities of Sino-Thai legislative frameworks for the validity of foreign judgments. It will be interesting to see how the presumed reciprocity mechanism, which the SPCs of China and the ASEAN countries jointly proposed in a forum, develops in actual usage. However, the vacuum of judicial mechanism for recognition and enforcement of foreign judgment requests a new instrument between Thailand and China. This article employs a comparative study and legal history research, of how common instruments, i.e., the international convention (HCCH), regional treaty (EU), and bilateral treaty (Germany-Israel treaty), develop instruments from the perspective of principles, criteria, procedures, and effects in order to identify a method of Sino-Thai judgment circulation.
The author first suggests that China and Thailand enter into a bilateral agreement, textually referencing the examined instruments and the shared characteristics of conventions that commonly bind China and Thailand. The author also suggests that legislative integration be used to lessen the incompatibility between national legislative statutes and international conventions.
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