Navigating The Boundaries: Public Policy In Private International Law
- IJLLR Journal
- Mar 2
- 1 min read
Himanshu Mukim, O.P. Jindal Global University
ABSTRACT:
The public policy doctrine within the realm of Private International Law has frequently been described as lacking clarity and exhibiting ambiguity. This response paper endeavors to analyze the common law interpretation of this doctrine from a theoretical standpoint with the following objectives: firstly, to assess the theoretical justifiability of the substantive factors that courts have invoked under the public policy doctrine, and secondly, to establish coherent limitations on the courts' utilization of this defense. By scrutinizing case law and drawing insights from the works of various legal scholars, notably Mills, Cheng, and Prof. Kosters, this article posits a set of principles that can serve as the theoretical foundation for public policy doctrine. Furthermore, it will explore how these principles can offer practical guidance to judges when applying the public policy doctrine.
