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Law and Politics
Reference:

Rustamova, N.N. New developments in the sphere of approaches towards defining applicable law and formation of the conflict of laws norms in the international private law.

Abstract: This article includes a brief review of one of the latest developments in the sphere of formation of approaches to the applicable law and to the formulation of the conflict of law norms in the international private law, which becomes more and more popular, which is viewing the efficiency of the conflict of laws norms from the economic point of view. At the same time none of the existing concepts for defining applicable law uses economic efficiency of the conflict of laws norm as a key principle for the approach towards the applicable law. The article includes the system of principles for establishing the applicable law, which is based on the individual choices of participants of the relations in the sphere of private law with a foreign element in order to maximize their benefits as well as the global benefits. In spite of the novel developments and ideas in the sphere of approaches towards the applicable law, the author comes to a conclusion that it will not be possible to leave the classical approaches towards the applicable laws and conflict of laws.


Keywords:

jurisprudence, international private law, approach, efficiency of conflict of laws norms, efficiency criterion, economic criterion, prosperity, conflict of laws norms, applicable law, establishing applicable law.


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References
1. Andrew T. Guzman. Choice of Law: New Foundations. In: The Georgetown Law Journal; vol. 90 (2002);
2. Erin O’'Hara and Larry E. Ribstein. From Politics to EfÞ ciency in Choice of Law. In: Economics of Conflict of Laws / ed. by Erin A. O’'Hara, vol. 1 (2007);
3. Horatia Muir Watt. Aspects é conomiques du droit international privé : (ré f lexions sur l’impact de la globalisation é conomique sur les fondements des conflits de lois et de juridictions). In: Recueil des cours; vol. 307 (2005);
4. Isaac Ehrlich & Richard A. Posner. An Economic Analysis of Legal Rulemaking, J. Legal Stud. (1974);
5. Kagami, Kazuaki. The Systemetic Choice of Legal Rules for Private International Law: an Economic Approach. In: An Economic Analysis of Private International Law / ed. by Jü rgen Basedow and Toshiyuki Kono; in cooperation with Giesela Rü hl (2006);
6. Kirchner, Christian. An Economic Analysis of Choice of Law and Choice of Forum Clauses. In: An Economic Analysis of Private International Law / ed. by Jü rgen Basedow and Toshiyuki Kono; in cooperation with Giesela Rü hl (2006);
7. Ota, Shozo. Choice of Law and Economic Analysis: a Methodological Introduction. In An Economic Analysis of Private International Law / ed. by Jü rgen Basedow and Toshiyuki Kono; in cooperation with Giesela Rü hl (2006);
8. Stephan Paul B. The Political Economy of Choice of Law. In: Economics of Conß ict of Laws / ed. by Erin A