Application of Foreign Law in Economic Disputes and Implementation of National Interests

N V Deltsova ,U.a Dorofeeva ,Mária Zúbková ,M A Tokmakov

doi:10.1051/shsconf/20197102007

N V Deltsova , U.a Dorofeeva + Show 2 more

Open Access

https://doi.org/10.1051/shsconf/20197102007

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Abstract

In the context of globalization, the question of protecting one's own national interests is becoming more acute for the state on whose territory foreign law and order is applied. The application of foreign legislation in economic disputes creates various problems and raises questions related to the establishment of the content of foreign law, which must be resolved in the context of Theoretical understanding and law enforcement practice. This study is aimed at identifying the risks of uncertainty in the application of foreign law to relations involving a foreign element in the Russian legal reality and finding ways to overcome them taking into account national interests. Special attention is paid to consideration of the Institute of non-use (limitations) of foreign law is presented in the form of rules on the application of the mandatory rules of the forum (lex fori), the reservation of public order (order public), and eliminating the use of foreign law in case of conflict.

Highlights

Modern socio-economic integration processes and the blurring of national borders in the information environment of the Internet lead to a close interaction of States in the establishment of regulation of relations arising between entities with different nationalities
3.1 Uncertainty of application of foreign law Uncertainty for each of the parties in the question whether this or that rule to be applied to the dispute in case of its occurrence can significantly complicate the achievement of the economic goal of the party participating in foreign economic turnover
The complete elimination of legal uncertainty in this matter is impossible, since the application of conflict rules depends on the law of the forum, i.e. the procedural law of the state where a dispute involving foreign element shall be considered on the merits

Summary

Introduction

Modern socio-economic integration processes and the blurring of national borders in the information environment of the Internet lead to a close interaction of States in the establishment of regulation of relations arising between entities with different nationalities. In the conditions of globalization the questions of protection of own national interests become more acute. D. Zorkin's position, national interests consist in inviolability of a constitutional system, sovereignty and territorial integrity, in political, economic and social stability, and in unconditional ensuring legality and maintenance of a law and order, in development of equal and mutually beneficial international cooperation [1]

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