Good Lorde! A new transnational torte?

News last Friday that under the 2011 Law for Prevention of Damage to State of Israel through Boycott an Israeli Court has awarded damages of $19,000 plus costs against two New Zealanders who posted a tweet urging the popular chanteuse, Lorde, to cancel her planned concerts in Israel (which she did). The Israeli law is of universal effect. However, the judgment will not be enforceable in New Zealand which does not have a reciprocal treaty with Israel for recognition and enforcement of judgments and where the common law principle applies that absent presence by the defendant in the foreign state giving the judgment or submission to its jurisdiction the local court will not grant recognition to the foreign judgment.

The same would apply were a similar judgment to be given against UK tweeters. Although the UK does have reciprocal arrangements with Israel for recognition and enforcement of judgments under The Reciprocal Enforcement of Foreign Judgments Order (Israel) Order 1971 SI 1971/1039, the common law rule on recognition is applied in article 4(1). Additionally, article 3(4)(d) precludes recognition of a judgment which would be contrary to public policy.

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