Andrei Shulakov

Forms of Establishing of Close Connection to the Legislation and International Treaties

2012. No. 4. P. 98–111 [issue contents]

Shulakov Andrey - Assistant Professor, Department of International Law, Modern Humanitarian Academy, LLM. E-mail: docent-law@rambler.ru
Address: Nizhegorodskaya St., 32, bldg.4, Moscow, Russia

The principle of the closest connection involves both international and civil law. The article analyzes the forms of the principle in national legislations and internationally. The author examines the codes of Quebec, Louisiana, legislations, supranational conventions and legal rules as well as theoretical works. The interpretation of the doctrine in the Russian legal tradition, supported by the author, serves as a basis in international private law as the principle is based on achieving the major aim of international law, i.e. revealing applicable law. The article studies the ways of codifying this principle. One of them is to present it as a corner stone of the conflict of laws doctrine which was formalized in norms in most European and North American countries.The other is to codify the principle as an additional clause applied if the norms of the conflict of laws cannot be used. This is the case of the CIS countries, African and Latin American states. Having traced the components of applicable law, i.e. interests, aims, presumptions of the conflict of laws, the author arrives at a conclusion that multiple interests within the conflict of laws may be reduced to public interests interpreted under the RF legal doctrine as general private and group interests. The article explains the difference between the term public interests and the concepts of state interests, common interests, national interests. The author proves that this area  merges doctrinal principles of legal branches of Roman-German law and common law, develops the tangible nature of the conflict of laws principle, and the principle of the closest connection cannot be reduced only to the conflict of laws presumptions. This requires sophisticated legal methods and highest professional qualities of law-makers and legal professionals.

Citation: Shulakov Anatolevich Andrei (2012) Formy ustanovleniia printcipa naibolee tesnoi sviazi v zakonodatel'stve i mezhdunarodnykh dogovorakh [Forms of Establishing of Close Connection to the Legislation and International Treaties] Pravo. Zhurnal Vysshei shkoly ekonomiki, 4, pp. 98-111 (in Russian)
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