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Choice between National Laws: References to the Law of the Organization in Traditional Conflict of Laws

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Chapter Summary

This chapter examines the problem of what to do if the normally applicable principles of conflict of laws refer to the law of the organization. It explores the application to intergovernmental organizations (IGOs) of each of the main categories of connecting factors that are used in national systems of conflict of laws-in order to establish: in what fields of law there may be a reference to the law of the organization and what law then is to be applied. There are three main categories of connecting factors: organic connecting factors; personal connecting factors; and territorial connecting factors. The pure lex domicilii may be treated as a personal or a territorial connecting factor and is discussed separately in the chapter. The chapter considers the question of the lex causae in the non-personal fields of private law-i.e., in the law concerning economic matters or private economic law.

Keywords:conflict of laws; intergovernmental organizations (IGOs); lex domicilii; national law; organic connecting factors; personal connecting factors; private economic law; territorial connecting factors



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