Transnational Public Policy in Civil and Commercial Matters
Law Quarterly Review, 128, pp. 88-113, 2012;
Singapore Management University School of Law Research Paper No. 29/2013
Posted: 20 Aug 2013 Last revised: 26 Aug 2013
Date Written: 2012
Abstract
Private international law and public international law are traditionally considered to be two separate subjects but in reality they overlap in many aspects. This article focusses on one aspect where the two areas of law inter-relate. While the general view is that one can class public policy as being either of a domestic nature (which protects domestic interests and is applicable only to domestic cases) or international nature (which protects domestic interests and is applicable in international cases), there is arguably a third type of public policy, ie transnational public policy (which protects interests which crosses borders and is applicable in international cases). This article fleshes out the argument that transnational public policy comprises of public international law principles and ‘universal’ principles of morality and justice.
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