Le droit non-étatique dans les rapports internationaux privés : contribution à l'étude des fonctions du droit international privé

Abstract : The production of non-state norms is growing in private international relations. The analysis of these norms in commercial and sporting activities is progressively building a unified definition of the notion of non-state norms: set of rules written and unilaterally drawn up by private and/or public actors, has intended to be applied with regard to the activity concerned, regardless of State borders. This proposal is put to the test of the various interactions maintained by non-state norms, in order to explain how these norms work. Arbitration attests to its receipt, the frequency of its application and even its promotion, up to the exclusion of imperative national rules. The French legal system, as a matter of principle, refuses to accept these non-state norms. Exceptionally, this principle is contradicted by the action of judges, legislators or bodies whose competence is recognized by the French legal system. At a -supra-state level, the Court of Justice directly controls non-state norms which may hamper the freedoms guaranteed by the European Union, including the free movement of workers. The European Court of Human Rights has the possibility of indirectly controlling non-state norms transposed by States, due to potential breach of individual freedoms, for example in the fight against doping. Moreover, Private International Law helps to explain the application of non-state norms, enhances their efficiency, and potentially and prospectively participates in the resolution of conflicts of norms produced by non­state norms.
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Submitted on : Thursday, November 23, 2017 - 11:38:36 AM
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Yann Heyraud. Le droit non-étatique dans les rapports internationaux privés : contribution à l'étude des fonctions du droit international privé. Droit. Université Panthéon-Sorbonne - Paris I, 2017. Français. ⟨NNT : 2017PA01D009⟩. ⟨tel-01646107⟩

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