Public Order (Ordre Public) and Norms of Jus Cogens
pages 79 - 100
ABSTRACT:

The article deals with the concept of public order (public policy) in national law systems, including international private law (conflict of laws). The essay focuses on public policy (public order) regulated by the Rome Convention of 1980 on the Law Applicable to Contractual Obligations and Regulation (EC) No 593/2008. The notion “public order” or “ordre public” is to be distinguished from “ordre public interne” and “ordre public international.” There is also a problem of terminology. Some authors have identified “imperative,” “peremptory,” “mandatory,” “jus cogens” and “public order norms.” The last chapter refers to the peremptory norms (jus cogens) in international public law.

keywords
public order
ordre public policy
jus cogens
peremptory norms
imperative norms
mandatory norms
ordre public interne
ordre public international
private international law
conflict of laws
common law
Rome Convention of 1980
Regulation (EC) No 593/2008
about the authors

Dr. Josef Mrázek, DrSc. Institute of State and Law of the Academy of Sciences of the Czech Republic; Faculty of Law, University of West Bohemia, Pilsen, Czech Republic.

e-mail: josef.mrazek@telecom.cz