A-national rules in the paradigm of private international law: the conflict of law and non-law

Abstract

The process of active application of the norms of non-state regulation, which began with cross-border trade in the Middle Ages (lex mercatoria), has now spread to almost all types of cross-border relations, although with varying degrees of penetration and recognition of the relevant norms. Non-legal matter, rapidly scalable in terms of network companies to sizes fragmented exceeding legal “veils”, leads to paradigm shifts in terms of law and law enforcement, and aggravating new type of conflict: the conflict of law and non-law of cross-border relations, especially in the context of cyberspace. The norm of non-state regulation in the paradigm of private international law is one of the modern concepts that integrate norms of behavior that are not derived from States and determine the direction of development of private international law, which requires its actual understanding in connection with the evolution of the order of creation, forms of objectification, and practice. The article examines various scientific views on the nature of the norms of non-state regulation and their place in the modern paradigm of private international law, as well as new regulatory regimes that lie outside the traditional state-oriented models, analyzes their conflict with the law, and develops a methodology for their integration into regulatory mechanisms.