Economic Law and Mandatory Rules
Type de matériel :
4
The interface between economic law and mandatory rules are obvious since economic rules are related to public order and are of a mandatory nature. The trend we have witnessed toward the internationalization of 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 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 better protection of economically weaker business actors. However, this trend toward the setting up of an international economic order by applying economic rules can be hindered by the freedom of economic actors to contractually regulate their potential litigations. Hence, by exercising their freedom to choose the applicable legal framework, conclude forum choice agreements, or solve disputes by arbitration, economic actors can potentially hinder the effectiveness of mandatory economic rules. Community control of the enforcement of national mandatory rules 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.
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