Mere Presence and International Competence in Private International Law

Richard Frimpong Oppong

Lecturer, Lancaster University Law School

JPrivIntL Vol 3 Issue 2 (October 2007)

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Abstract

A contested basis of international competence in the enforcement of foreign judgments is mere presence. Comparative study reveals that the courts are divided, academics have generally been critical of it and, except in the US, legislators have shied away from using it. The paper assesses the propriety of mere presence as a basis of international competence against the background of a recent South African decision in which the court affirmed this basis of international competence.

Keywords

Enforcement of Judgments; International Competence; Mere Presence.