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The Public Order Reservation In Inter State Award Of Recognition And Execution

Posted on:2016-08-06Degree:MasterType:Thesis
Country:ChinaCandidate:S M CuiFull Text:PDF
GTID:2296330461991628Subject:International Law
Abstract/Summary:PDF Full Text Request
The reservation of public order is an old problem of international private law, from national consciousness to the development of international civil and commercial exchanges cannot avoid the application of foreign law, and apply the foreign law, and most likely a major interest of their damage, the reservation of public order is a "safety valve" identity boarded the history of international private law stage, and occupies an important position.Current and quite a long period of time, reservation of public order will occupy the important position in the field of private international law, civil and commercial exchanges between nations will not stop on the one hand, on the other hand, the difference between the legal culture of each country also impossible in a short period of time will eliminate, as long as there is a difference, conflict is inevitable, no country can indulge on their vital interests have damage of foreign law applicable, it is impossible to foreign to domestic public order have damage for decision to make recognition and enforcement, so in order to ensure the orderly on the reservation of public order in the private international law is applied, for further research is needed.Public order is a legal concept, visible in the various countries’domestic legislation and many international treaties, all applicable provisions of clear, at the same time, the public order is not limited to the private international law, civil law, criminal law, scattered in economic law, reservation of public order has the force of law, embodied in international private law, namely in the laws can be the grounds of public order for refusing to the applicable law, the applicable law is actually specified according to the country’s conflict rules, embodied in and execution of recognition of foreign court decisions, can the grounds of public order refusing recognition and enforcement of foreign judgments absolutely. Public order is a political concept, embodied in tend to national for dividing unit, other countries public order in different countries, and is closely related to the customs and traditions, but also the public order in fact often reflect is made the ruling authorities of the government policy, and their contrary to government policy is also likely to be considered a violation of for public order. The connotation of public order are clearly unrealistic, but also cause defects, so the domestic law of other countries and the relevant international treaties are only must apply public order, and for the accurate connotation of public order is not mentioned.The reservation of public order problems arising is always due to the exchanges between countries, the ultimate solution should also be in the international social harmony, countries should adjust measures to local conditions in the process encountered case specific, and flexible use of the reservation of public order, but can not only see the domestic interests, while ignoring the should assume in the international social obligations, so the connotation of public order shall at least include should bear their respective international obligations; secondly, should pay attention to the public order reservation recognition and enforcement of the award in the applicable between countries; again, there are applicable in the public order reservation many uncertain situation, define the relationship between its and refused to admit with the enforcement of foreign judgments of other factors also appears quite important; finally, the inter state ruling the scope of judicial review limit, should pay attention to in practice as well as in public order reservation when applicable problems need to be further. There exist many problems, completely solve the reservation of public order in the application, may need quite a long time, but for the efforts of the pace will not stop.
Keywords/Search Tags:Public order, Substaultive justice, Recognition and enforcement of arbital awards
PDF Full Text Request
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