Francesco Salerno

The Duty to Respect Human Rights in the Framework of the Sources of Private International Law

  • Abstract

Informations and abstract

Keywords: Private International Law; Sources of Law; Human Rights; Multilevel Protection of Human Rights; Margin of Appreciation; Ordre Public.

The multilevel protection of human rights influences private international law in various respects. International, European and constitutional sources in the field of human rights affect the elaboration of private international law and determine the margin of appreciation left to the legislator in the area. The autonomous and possibly neutral function of private international law is heavily influenced by these restrictions: the development of private international law must be consistent with the substantive requirements set forth by the rules on human rights. The paper contends that public policy ("ordre public"), especially where taken in its 'positive' dimension, provides private international law with the inherent flexibility needed to ensure the protection of fundamental rights.

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