Direct methodological approaches and their role in resolving international private disputes .

Document Type : Original Article

Author

Lecturer of Private International Law Horus University, Egypt

Abstract

The traditional approach to resolving conflicts of law, represented by the attribution rule approach, is no longer suitable for the nature of international private operations, especially with the increasing intervention of the state in international private relations and its appearance as an ordinary man. It was necessary to search for other legal approaches to resolve disputes arising from these operations. It reflects the trend towards adopting direct approaches in international private law for situations and changes in order to bring the individuals of the international private community that it regulates to a better position, in addition to achieving a kind of protection for the weak party in international private transactions. This was only achieved by applying direct rules to the international private dispute without resorting to the attribution rule approach. The direct approaches in private international law mean the approach of objective or material rules, and the approach of rules with necessary application, because they are approaches that work to provide a direct solution to the international private dispute. The objective rules of international commercial law are characterized by a unique subjectivity that is completely removed from the traditional thought of law. It is the product of the existence of a cohesive society whose members have relationships and exchanges that have their own characteristics and regulations. International social and economic needs are met by independent legal systems that aim first and foremost at peace between the parties, and more than the deaf justice of the law. Stability and security for international commercial relations can only come from rules created by professional circles and arising automatically through their cross-border commercial operations. The remarkable development in international commercial transactions, their prosperity, and the growth of international private relations, led to the state’s intervention in issuing legislation in an unfamiliar manner, and the emergence of some trends and opinions calling for new and independent approaches, most notably the approach of rules with necessary application, alongside the approach of objective or material rules, to limit the rights and freedoms of individuals to the extent necessary to protect the collective or public interest. The national legislator had to support the approach of the rules with the necessary application with the mandatory character so that individuals would not agree to violate its rules. These rules required modern ideas that appeared such as the idea of ​​the economic public order, and the idea of ​​the social public order that embodies the mandatory and necessary character of the rules that the legislator includes in the field of labor law and social insurance. We do not exaggerate in saying that the state’s intervention in the field of international private life has become one of the features of the current development of private international law. The relationship between the approaches of private international law is a relationship of coexistence and adjacency, not a relationship of competition and hostility. This is confirmed by national legislation and international agreements, as the purpose of legal rules in general is to achieve legal security in transactions. Once the direct rules are applied alongside the conflict rules, and the deficiency in each of them is compensated for, this ultimately leads to the development of international private relations.

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