On "Directly Applicable Law"

The “Directly applicable law” brought to International private law in middle and laterperiods of the20th century is a theory with era significance in respect of the choice ofapplicable law and is also an integral part of unilateral choice of applicable law doctrine. Thisessay provides a principal discourse to “Directly applicable law” so as to define theinwardness and values therein, analyzes the differentiation and connection between thistheory and other relative International private law theory, and thereafter offer the opinion ofthe author with respect to the key question at issue in the law circle. This assay is divided intofour parts:In the first part, the author would provide a basic picture of the origin, development andstatus of the “Directly applicable law” theory, and thereafter analyze in depth the inwardness,construction and value therein. The emergence of “Directly applicable law” theory has closerelations with the development of international economy, for the security concept of a countryafter20thcentury has been extended over military security, more and more attentions are paidto economy security by many countries wherein legislative measures are taken as awidespread method for the maintenance of national and social interest, under such a context,some scholars believe that the emergence of “Directly applicable law” theory indicates therevival of unilateralism in the application of law, and some other scholars even consider it asthe degeneracy of International private law, no withstand those critiques, the author willpresent the justifiability of the “Directly applicable law” theory after weighing the advantagesand disadvantages thereof. Although there are many disagreements in the circle, the authorwill provide after brief analyze his views on the inwardness of the “Directly applicable law”theory. The first part of this essay is specified on the construction and applicable rules of the“Directly applicable law” theory, which has both connections and differences with thetraditional rule of conflict.The second part is the key to this essay, where the discussion would be adhered to thefundamental issue and relative concepts of the “Directly applicable law” theory andcomparative measure would be involved. The relations between “Directly applicable law”theory and other relative theory of international private law will be first discussed wherein theauthor would locate from their connections the theoretical support of the “Directly applicablelaw” theory and indirectly justify from their differences the existing of the “Directly applicable law” theory. Thereafter the author will carry out comparison between “Directlyapplicable law” theory and other relative international private law concepts during whichintegration therein will be provided and analyzed. Despite the discussions on the relationsbetween the “Directly applicable law” theory and economy law is rare, the author will brieflydissertate the relation of the two in consideration of the legislative practice of economy law inour country. In addition to these, considering the application of “Directly applicable law”theory may have great impact on the practice of international commercial arbitration, theauthor would discuss in detail the influences of “Directly applicable law” theory tointernational commercial arbitration after analyzing their respective legal features.The third part mainly discusses some issues about the “Directly applicable law” in China.The author takes into account the values and legislative practice of the Private internationallaw in China, and analysis of the rationality and the inadequacies of “Directly applicable law”in China, at the same time make recommendations for its improvement.The fourth part is the conclusion of this paper. It is a summary on the base of analysis,and makes predict for the trend of “Directly applicable law” combined with the developmentdirection of global economic integration.