2011 Fiscal Year Final Research Report
The Fusion of Public Law and Private Law and Conflict of Laws-Towards the Establishment of the New Conflict of Laws Model
| Project/Area Number |
21730042
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| Research Category |
Grant-in-Aid for Young Scientists (B)
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| Allocation Type | Single-year Grants |
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| Research Field |
International law
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| Research Institution | Nagoya University |
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Principal Investigator |
YOKOMIZO Dai 名古屋大学, 法学研究科, 教授 (00293332)
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| Project Period (FY) |
2009 – 2011
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| Keywords | 国際私法 |
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| Research Abstract |
a) As for dispositions for state policies, different concepts such as"public law","alien law","procedural law"and"mandatory applicable rules"have been used and they have been discussed separately. However, all these rules should be considered as"mandatory applicable rules"and should be dealt with in a uniform way. b) As response from conflict of laws to globalization, two apparently contradictory trends can be seen : the one that extends the party autonomy ; the other that promotes the cooperation between states regarding state policies. As a conflict of laws model which could be appropriate under the age of globalization, the following model is suggested here : on the one hand, the party autonomy should be accepted so far as it can be justified from the viewpoint of enhancing the predictability of parties ; on the other hand, the application of foreign mandatory applicable rules should be accepted under certain conditions ; however, direct claims based on a foreign mandatory rule should not be accepted and they should be resolved in accordance with bilateral or multilateral aid such as treaties.
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