The Application of Soviet Laws and the Exception of Public Order

Bibliographic Data

ID9542383
AuthorsMax Habicht (corresponding author)
Year1927
Volume21
Issue2
Pages238-256
Publication date1927-04-01
Open AccessYes
TypeARTICLE
VenueAmerican Journal of International Law (JOURNAL)
Journal identifiersISSN: 0002-9300 • E-ISSN: 2161-7953
PublisherCambridge University Press (CUP) (PUBLISHER)
DOI10.2307/2189124
OpenAlexW2319914411
LanguageEN
Citations received5

One of the most controversial rules of private international law is the exception of public order, the rule not to enforce foreign laws which are contrary to the fundamental conceptions of the law of the state having jurisdiction. There is no country in which this exception has not played an important rôle in the refusal to enforce foreign laws, and numerous writers have discussed the importance and difficulties of the exception of public order. Its problems had been thoroughly studied before the World War by many authorities on private international law, among others by Bustamante, Fiore, Kahn, Klein and Pillet, without a uniform solution having been reached. When, after the war, the states began to reestablish their international relations, the exception of public order began anew to play its rôle in the courts the world over, and to put the same difficulties before the judges dealing with cases of conflict between domestic and foreign laws

Business · Conflict of laws · International law · Jurisdiction · Municipal law · Order (exchange · Political science · Public order · State (computer science · Conflict of Laws and Jurisdiction · International Law and Aviation · International Law and Human Rights · Law · Mathematics

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