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Le conflit de lois et la production privée des droits fondamentaux : vers un renouveau théorique

Abstract : In a world characterized by a multiplicity of sites of law production, more and more non-state actors act as private lawmakers. The traditional view defended by supporters of legal pluralism is that private actors only produce informal norms supporting private interest. However, those private lawmakers also produce norms that promote and protect fundamental rights and freedoms within corporations’ sphere of influence. These new types of private norms are autonomous, binding upon its subjects, and are not subject to the autority of state law. As a consequence, a new kind of conflicts can arise between state law and non-state law in the fundamental rights area. The purpose of this thesis is to show how private international law can go beyond its traditional function to deal with these hybrid conflicts which do not fall neither within the conflict of laws, nor the traditional human rights methodology. These particular conflicts could be adequately solved through the application of principles such as primacy, subsidiarity and proportionality. These principles could serve as the basis for a humanist approach to private international law, which would lead to the application of the most protective norm for human beings regardless of its origin.
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Submitted on : Wednesday, May 4, 2022 - 2:46:29 PM
Last modification on : Thursday, May 5, 2022 - 3:36:21 AM


  • HAL Id : tel-03659051, version 1



Bamdad Shams. Le conflit de lois et la production privée des droits fondamentaux : vers un renouveau théorique. Droit. Institut d'études politiques de Paris - Sciences Po, 2019. Français. ⟨NNT : 2019IEPP0014⟩. ⟨tel-03659051⟩



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