6533b855fe1ef96bd12b189c
RESEARCH PRODUCT
The strike in private international law
Céline Laurichessesubject
Connecting factorsCritères de rattachementAction collectivePublic policy exception[SHS.DROIT] Humanities and Social Sciences/LawException d'ordre publicDroit fondamentalCollective actionLaw basicdescription
The development of the strike in the international order can appreciate richness and diversity of the collective expression of workers, it also increased competition from different national laws. The absence of a regulation reflects the difficulty of controlling the legal concept and it creates a conflict of laws and courts. The need for the adoption of rules of conflict, which determines the law and the competent court, has therefore become necessary to provide an answer to this conflict problem. The character of the fundamental right to strike, however, requires to be special protection when its value is questioned by an authority designated by the conflict rule foreign law. As such, the conventional public policy exception allows oust usefully foreign law contrary to public policy. The requirement of the presence of links relevant connecting with the legal order and a certain degree of gravity of the alleged violation of the fundamental right to strike ensures a weighted intervention public policy exception. It constitutes an effective means of protecting the right to strike while remaining a mechanism whose intervention is exceptional.
| year | journal | country | edition | language |
|---|---|---|---|---|
| 2014-01-01 |