Title:
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Public policy as a fundamental legal conception precluding the application of foreign law in the age of globalisation
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Public policy is considered one of the landmarks of private international law. It has been
a rich source of attraction to many scholars across the globe. While it is generally
considered an expression of the prevailing major value-system norms and fundamental
notions of justice in the forum, its variability has made it extremely difficult for all
those who attempt to research the concept to ascribe a workable all-embracing
definition and criterion for this dark tunnel of private international law.
Similarly, globalisation as one of the most powerful forces shaping our modem world
represents a perplexing complex notion that has intensified economic, political, legal,
social, and cultural cross-border relations. Thus, it has impacted on and transformed
traditional legal and cultural institutions.
It is exactly in this context that the present thesis aims to analyse the concept of public
policy in English, French and Egyptian legal systems, evaluate the phenomenon of
globalisation and assess its impact, especially with respect to trends of cultural
interaction on the evolutionary path of public policy, and provide a specific examination
of the applications of public policy in relation to globalisation in family law and
international commercial arbitration.
The importance of this study not only stems from the analytical and comparative
approaches utilised, the diversity of issues covered and their theoretical and practical
aspects, but also from the fact that it represents the first study on the relation between
public policy in conflict of laws and globalisation and amongst the relatively few that
address the interrelation between globalisation and law.
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