A theoretical perspective of the public policy doctrine in the conflict of laws
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.
public policy, conflict of laws, private international law, legal theory, choice of law, recognition of foreign judgments
Conflict of Laws
Corporate, Finance and Securities Law
Journal of Private International Law
Taylor & Francis (Routledge): SSH Titles - no Open Select
CHNG, Wei Yao, Kenny.
A theoretical perspective of the public policy doctrine in the conflict of laws. (2018). Journal of Private International Law. 14, (1), 130-159. Research Collection School Of Law.
Available at: https://ink.library.smu.edu.sg/sol_research/2742