Question 1
Discuss the concept of territorial competence.Question 2
Explain the following statement: "Once a judgment has been obtained, there remains the problem of enforcing it" with respect to international disputes.Answer 1
A Supreme Court of Canada decision and recommendations by the Uniform Law Conference of Canada simplify the process of determining when the local courts have jurisdiction through a test called territorial competence.Answer 2
Enforcement is not a serious difficulty where the losing party has assets in the jurisdiction where the judgment was rendered. The problem arises when the party obtaining the judgment from a court in one jurisdiction wants to enforce it in another. At the outset, a court in one jurisdiction simply does not have the power to make an order enforceable in another. There are conventions between nations whereby foreign courts will enforce a judgment if reciprocal enforcement agreements are in place.