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Max Planck Encyclopedia of Public International Law [MPEPIL]

Ordre public (Public Policy)

Martin Gebauer

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2015. All Rights Reserved.date: 25 September 2020

Subject(s):
Ordre public — General principles of international law — Public policy

Published under the auspices of the Max Planck Foundation for International Peace and the Rule of Law under the direction of Rüdiger Wolfrum.

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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