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Regional best practices : enforcement of court judgments

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Only recently has a general global consensus emerged among development specialists that the successful, fair and effective enforcement of court judgments, both those against private parties in commercial transactions as well as those against state agencies or officials, is of critical importance to developing a Rule of Law culture and judicial independence. There is also a growing body of international jurisprudence that requires countries, under their international and regional human rights treaty obligations, as well as their own constitution, to enforce court judgments fairly and effectively and to support the independence of the judiciary. Likewise, court decisions in various countries are also beginning to articulate and enforce these closely related legal rights.

Over the last three years, IFES has undertaken extensive assessments of the system of enforcement of court judgments in Argentina, Mexico and Peru, as well as a comprehensive survey of global research on emerging best practices and international norms in this important emerging field. With an eye towards developing a comparative research paper, our assessments utilized a uniform methodology that would enable us to build upon existing research and data from a number of Latin American countries and around the world.

Since most available research to date relates to simple debt collection cases, which are problematic and universal problems in virtually all countries, we too decided to focus our efforts in that area. While IFES also undertook some research related to the enforcement of judgments against the state, time and resources did not allow us to delve as deeply into this equally important issue. However, we do highlight the issue in this paper as one that clearly needs considerably more attention, particularly from the perspective of the human rights and public procurement communities. Until judgments against the State are enforced, there is little to deter human rights abuses and public procurement violations by government officials and little governmental accountability.

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Availability

KP.III.00094

KP.III. HEN r

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Detail Information

Series Title

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Call Number

KP,III HEN r

Publisher

[s.n.] : IFES., 2004

Collation

37 hlm. ; 23 cm.

Language

English

ISBN/ISSN

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Classification

KP.III

Content Type

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Media Type

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Carrier Type

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Edition

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Subject(s)

Hukum pengadilan
Court judgments

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