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Hunter Case

In the United States, no law is made for the recognition and appraisal of a foreign judgment. Therefore it becomes very difficult for any court just to accept the judgment of another country without proper and strict scrutiny of the factors and issues in place at that time. In the United States, this scrutiny is mainly done by the state courts and if a decision by an external court is found to be worthy of upholding then it remains that the decision made by the court in the other country becomes the decision also of the American court.

In the case of BP Exploration Co in Libya v Hunt, the American system upheld the decision of the British judges that the contract was frustrated in 1971 and therefore there was a need to pay BP exploration an amount of up to $35.4m. This proves that the law is must be obeyed every time. Even though there were many deliberations and discussions as always happen when two countries and two judicial systems are involved in the decision making about a certain issue for a company or an individual the final judgment which comes out should always be reasonable and just. This is the work of the court judicial system. In addition to the international and laws from other countries, some states in the united states have developed a way to deal with these issues since laws are always not uniform and therefore the system is supposed to interpret them, look at all the variables, and with wise decision making get to know if according to the united states laws and international law the judgment was correct just like in the case of Hunt.

Works Cited

Elias, C. A. C., & Granted, A. I. 3 ITALY: PROCEEDINGS BEFORE THE TRIBUNAL OF SIRACUSA IN BP ECPLORATION COMPANY (LIBYA) v. SOCIETA INDUSTRIALE CATANESE.

Von Mehren, Robert B., and P. Nicholas Kourides. “International arbitrations between states and foreign private parties: the Libyan nationalization cases.” Am. J. Int’l l. 75 (1981): 476.