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- Title
El estado del arte del concepto de orden público internacional en el ámbito del derecho internacional privado y el arbitraje internacional.
- Authors
Roldán Pardo, Juan Felipe
- Abstract
The concept of international public policy has been a theme of great interest and importance in the international commercial law, specifically in what concerns the systems of conflict of laws and international commercial arbitration. This principle has been widely approached and discussed by both national and international courts, the academy, doctrine, international organizations and in general by lawyers around the world. In one occasion it was described as an "unruly horse" by an English judge. The objective of this article is to determine the state of the art of the concept of international public policy in the field of the conflict of laws and international commercial arbitration. This will be met by studying its definition, nature, and characteristics under what has been established by both national and international legal provisions, doctrine, and case law. To fulfill the terms of this objective, we will first examine the concept of Colombian public policy, then we will analyze its concept of international public policy, we will follow with its analysis in the field of comparative law, and last of all we will study it in international commercial arbitration.
- Subjects
COLOMBIA; PUBLIC policy (International law); CONFLICT of laws -- Codification; GOVERNMENT policy -- Law &; legislation; INTERNATIONAL commercial arbitration; COMMERCIAL law
- Publication
Revista de Derecho Privado, 2010, Issue 44, p2
- ISSN
1909-7794
- Publication type
Article