چکیده:
In this article, the impact of globalization on the conflict of laws from an ethical perspective is examined. Globalization, as an existing reality, has left various impacts in different sciences and trends. In legal science, globalization has been influential in three categories within the subject of conflict of laws. First, in substantive (material) rules, globalization has manifested its impact through the unification of laws, a process being realized by international organizations, model laws, and international conventions. In the second category, namely the rules for resolving conflicts, where the unification of substantive rules is not possible for various reasons, globalization has shown its impact through efforts toward unifying conflict resolution rules. In this context, and considering the mutual influences of globalization and ethics on each other, attention to ethical standards as one of the commonalities of human societies can significantly leave its mark. Finally, the obstacles to enforcing foreign law—namely public order, good morals, and fraud against the law—have also been limited by globalization, making the expansion of the enforcement of foreign laws possible.
خلاصه ماشینی:
Globalization, conflict of laws, ethics, rules for resolving conflicts, obstacles to the enforcement of foreign law Problem Statement The concept of globalization is a contradictory, extensive, and complex process that has two major functions and effects: one is convergence and the other is divergence; meaning that in some cases, it causes the intensification of differences and the separation of countries from each other in various instances, while also having concentrating and unifying effects.
Studying the impact of globalization on the conflict of laws will have several important benefits: first, by studying this subject, the extent of the intended and unintended effects of the globalization process on national law, and especially the issue of conflict of laws, becomes clear, and by modeling its positive aspects, one can attempt to prevent negative or unintended effects in other matters through prediction; second, by examining these effects at a global level and comparing them with the current state of national law, the legal position of the country and its level of modernity can be determined, and if obstacles exist, steps can be taken to remove them so as not to fall behind global law, and also appropriate use can be made of the capacity of international organizations in this regard.
Given the conditions for the realization of a conflict of laws, the simplest definition that can be provided for conflict of laws is: "Conflict of laws is a state of the private international law of each country in which it is possible to imagine two or more laws applicable to a single legal subject, despite the presence of a foreign factor or element, accompanied by the legislative indulgence of the court's jurisdiction.
(
, 
, 
)
