A Study On The Application Of International Mandatory Rules Of Third Country

The peremptory norms of third States in private international law are the product of the consciousness of national sovereignty,it is a peremptory norm established by a third country in order to safeguard the important economic,political and social interests other than the court territory and the country to which the applicable law belongs.It is an applicable norm that must be mandatory and does not allow concessions.In recent years,the discussion on the peremptory norm system is becoming more and more intense.In 2010,China promulgated the Law on the Application of the Law on Civil Relations involving Foreign countries.Article 4 deals with the general concept of peremptory norms for the first time,including the peremptory norms of the court and the peremptory norms of the applicable law.And then,though,it came back.However,the provisions of the third country peremptory norms still need to be developed and perfected.This article will discuss the application of third-country peremptory norms from the following aspects: the first part introduces the historical origin,basic concepts and theoretical theories of third-country peremptory norms on the basis of peremptory norms in private international law;Second,expounds the difficulties encountered in the application of the peremptory norms of third States in the current private international law,including the confusion with the principle of autonomy of will,the principle of the closest connection and the retention of public order.And the influence on the judge's discretion and the application of the third country peremptory norms in the arbitration procedure;Third,lists the relevant foreign legislation on third-country peremptory norms as well as the related legislation.The practical cases of the system,and the analysis of the legislative and judicial considerations of various countries,focusing on the theoretical analysis of the practices of continental Europe,the USA and the UK,and summarizing the advantages and disadvantages of foreign countries in their application.Draw the reference suggestion to our country about consummating this norm;Fourth,t puts forward some suggestions on how to improve the system by analyzing the problems existing in the domestic legislation and judicial situation,the perfection of the legislative system and the significance of judicial practice.