چکیده:
Each country, based on constitutional considerations and its own cultural and social foundations, has its own private international law system. In the case of federal countries, such as the United States of America, this arises not only between the law of this country and the laws of other countries, but also distinctly between the states of the United States. The European Union is also in a similar situation, because although the combination of these countries has not created a federal system, it has characteristics of a federal system in some respects. This article seeks to examine the characteristics of the interstate conflict resolution system of the United States and the intergovernmental conflict resolution system of the European Union with a descriptive-analytical and comparative approach, assuming that the idea of creating the European Union was inspired by the principles of federalism, to answer the question of what differences and similarities the conflict of laws system of the member states of the European Union has with the conflict of laws system existing in federal countries. This paper concludes that the European Union has unique characteristics that distinguish the conflict resolution system of the European Union from federal systems in this area.
خلاصه ماشینی:
Federalism and Conflict of Laws System; A Comparative Study of the Conflict of Laws System in the United States and the European Union Abbasali Kadkhodaei Professor of Public Law, Faculty of Law and Political Science, University of Tehran Seyed Mohammad Tabatabaei Nejad Assistant Professor of Private Law, Faculty of Law and Political Science, University of Tehran Farhad Bagheri Master of International Law Student, Faculty of Law and Political Science, University of Tehran (Date of Receipt: 1394/09/29 - Date of Approval: 1394/12/04) Abstract Each country has its own private international law system based on constitutional considerations and its cultural and social foundations.
However, the American legal system has given flexibility to this principle; in such a way that the Federal Court can consider state substantive laws according to the cases ( ,2006, Little 420.
The system of resolving interstate conflicts in America should be considered in creating the jurisprudence of the US Supreme Court and also the principles enshrined in the Constitution, such as the principle of recognition and the principle of comity and full faith; While in the European Union, Article 81 of the Treaty on the Functioning of the European Union paved the way for the creation of regulations such as Rome and Brussels in order to harmonize legal rights in the member states of the European Union, which 1.
Although the American Constitution, like the treaties of the Union, does not allow the federal government to create private law, the federal law of America plays an influential role in the rules of resolving conflicts between different states, and not a founding and creative role.
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