Droit économique et lois de police
The interfaces between economic law and mandatory rules or “lois de police”, are obvious since economic law rules are related to the public order, and are of mandatory character in nature. The trend we have witnessed toward the internationalization of the economic law is a direct consequence of the globalization of the economy. The emerging international public order results from the increased enforcement of mandatory rules (“lois de police”), at an international level, especially in areas related to economic law. The international application of mandatory economic rules not only guarantees the regulation of the market at the international level, but also ensures a better protection of the economically weaker business actors. However this trend of setting up an international economic order by applying economic related rules can be hindered by the freedom of the economic actors to contractually regulate their potential litigations. Hence by exercising their freedom to choose the applicable law, to conclude forum choice agreements, or to solve their dispute by arbitration, economic actors can potentially hinder the effectivity of the mandatory economic rules. The community control of the enforcement of the national mandatory rules (“lois de police nationales”) can also potentially undermine their enforceability. A solution could come from the setting up of an international public order, with international substantive rules of mandatory applicability.
Volume (Year): t. XXIV, 1 (2010)
Issue (Month): 1 ()
|Contact details of provider:|| Web page: http://www.cairn.info/revue-internationale-de-droit-economique.htm|
When requesting a correction, please mention this item's handle: RePEc:cai:riddbu:ride_241_0061. See general information about how to correct material in RePEc.
For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: (Jean-Baptiste de Vathaire)
If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.
If references are entirely missing, you can add them using this form.
If the full references list an item that is present in RePEc, but the system did not link to it, you can help with this form.
If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your profile, as there may be some citations waiting for confirmation.
Please note that corrections may take a couple of weeks to filter through the various RePEc services.