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The Public Order

International business law. The Public Order. Henry Pastor Xavier Pissavin. The Public Order. 1. Notion of Public Order In internal law In international private law 2. Application and use . Public order in internal law.

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The Public Order

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  1. International business law The Public Order Henry Pastor Xavier Pissavin

  2. The Public Order 1. Notion of Public Order • In internal law • In international private law 2. Application and use

  3. Public order in internal law Definition : rules that govern the politic, economic and social organisation of a state, and fundamental rights of citizens Public order of direction  ensure the protection of “general interests” Ex: prices regulation, credit restriction Public order of protection  protect weak private persons Ex: consumers, employees, lodgers

  4. Public order in international private law Public order = supplanting mechanism of foreign law If foreign rule is substituted because in contradiction to public order, the mechanism is called : - The “supplanting public order” or - The “public order exception” But this is not the international public order ! There is no consensus on real international public order (with international laws imposed)

  5. Application of the public order • In general terms Moral, economic, social or politic principles. According to these principles a foreign law could be declared opposite to public order. • In international judgement A defect of legal community, difference of conception between the foreign law and the law of the country.

  6. Intervention in the procedure Confront Solution to the public order Police law There is a chosen law Solution to the conflict

  7. The use of public order depend on 3 factors Spatial Factor The problem happens or implies in the country. • Temporal factor The principle of public order has to be actual • If the judgement implies the judicial order of the country Substitution Recognition of the right law, eased effect

  8. Is there an international public order ? • Break of sale of war material on international common base (ONU). • Break of a plan of construction on a site classify of UNESCO. • Universal concepts on subjects as slavery and racial discrimination.

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