Title

A theoretical perspective of the public policy doctrine in the conflict of laws

Publication Type

Journal Article

Publication Date

5-2018

Abstract

The public policy doctrine in the conflict of laws hasbeen often characterised as uncertain and ambiguous. This article aims toexamine the doctrine at common law from a theoretical perspective in order to:first, determine whether the substantive considerations which courts haveinvoked under the public policy doctrine are theoretically justifiable; second,discern principled boundaries around the courts’ exercise of the defence. Througha study of case law and an examination from first principles of the normativebasis for the recognition of foreign laws and judgments, this article proposesa set of principles that can form the theoretical underpinning of the publicpolicy doctrine, and will examine how the proposed principles can providepractical guidance to judges in their application of the public policy doctrine.

Keywords

public policy, conflict of laws, private international law, legal theory, choice of law, recognition of foreign judgments

Discipline

Conflict of Laws

Research Areas

Corporate, Finance and Securities Law

Publication

Journal of Private International Law

Volume

14

Issue

1

First Page

130

Last Page

159

ISSN

1744-1048

Identifier

10.1080/17441048.2018.1437328

Publisher

Taylor & Francis (Routledge): SSH Titles - no Open Select

Additional URL

http://doi.org/10.1080/17441048.2018.1437328

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