"Public policy and mandatory rules of law: definition, distinction, and function" [2019] ELECD 2865; in Fazilatfar, Hossein (ed), "Overriding Mandatory Rules in International Commercial Arbitration" (Edward Elgar Publishing, 2019) 9

Book Title: Overriding Mandatory Rules in International Commercial Arbitration

Editor(s): Fazilatfar, Hossein

Publisher: Edward Elgar Publishing

Section: Chapter 1

Section Title: Public policy and mandatory rules of law: definition, distinction, and function

Number of pages: 25

Abstract/Description:

This chapter discusses the nature, definition, categories, and function of public policy and mandatory rules of law. It also provides a legal framework for mandatory rules. In general, public policy reflects fundamental values and principles of every State, which based on its importance and sphere of application has various categories. Under the general term “public policy,” there appears to be other further narrow and highly important policies labeled as “domestic public policy,” “international public policy,” and even “transnational public policy.” The first parts of this chapter mostly define and distinguish these concepts from one another. The discussion then moves to “mandatory rules of law”: where they stand in a legal system; how they function differently from public policy; and their interrelation and applicability. Finally, since choice of law and party autonomy are raised in various parts of this research, the concept of mandatory rules in conflict of laws is also discussed here.