The Public Order

Henry Pastor Xavier Pissavin

International business law

The Public Order

1. Notion of Public Order

1. In internal law

2. In international private law

2. Application and use

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

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)

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.

Intervention in the procedure

Police lawThere is a chosen law

Solution to the conflict

Confront Solution to the

public order

The use of public order depend on 3 factors

Spatial FactorThe problem happens or implies in the country.

• Temporal factorThe principle of public order has to be actual

• If the judgement implies the judicial order of the countrySubstitutionRecognition of the right law, eased effect

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.