A GJ Advances article.

Abstract

The article discusses the evolution of the influence of international mandatory rules (lois de police) in the era of globalization. Classic private international law postulates the applicability of such rules even where legal systems in principle accept the applicability of foreign law. Increasingly such rules can be evaded through the operation of conflicts of jurisdiction (choice of forum, arbitration, recognition of foreign judgments). An evolution is occurring also at the level of substantive law, as a result of the greater ability of private parties to evade mandatory rules by «barrier-crossing», i.e by transferring their relationships to other legal systems, or even more simply by choice of law which is admitted more freely by states even where party autonomy was not accepted as a criterion for the selection of the applicable law. This evolution is the result of the growing competition between legal systems and of the forces of globalization.

Originally published in Global Jurist Advances.

Recommended Citation

Muir-Watt, Horatia and Radicati di Brozolo, Luca G. (2004) "Party Autonomy and Mandatory Rules in a Global World," Global Jurist Advances: Vol. 4 : Iss. 1, Article 2.
Available at: http://www.bepress.com/gj/advances/vol4/iss1/art2