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Max Planck Encyclopedia of Public International Law [MPEPIL]

Ordre public (Public Policy)

Martin Gebauer, Felix Berner

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 07 December 2023

Public policy — General principles of international law — Ordre public

Published under the auspices of the Max Planck Institute for Comparative Public Law and International Law under the direction of Professor Anne Peters (2021–) and Professor Rüdiger Wolfrum (2004–2020). 

1 Ordre public in private international law or conflict of laws basically is not a concept of international, but of domestic law (see also General Principles of Law; International Law and Domestic [Municipal] Law). Protecting the basic values of the forum law, ordre public, or ‘public policy’, as it is usually called in common law countries, is an exceptional yet necessary device to avoid unacceptable results. These unacceptable results may be a consequence either of the application of a foreign law or of the recognition and enforcement of a foreign decision...
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