The concept of social environment law in the framework of international private relations

The issue of determining the applicable law to cross-border legal relations is often determined by rules of a special technical nature, called rules of attribution. These rules often reflect a country's legislative policy in dealing with these somewhat complex relationships. However, this does not mean neglecting the interests of the parties, regardless of their affiliation. This is clearly evident in the description we often give to the purpose of attribution rules, which is to select the best solution from among the conflicting laws to govern the disputed issue. As a result of the increase in cross-border relations, both quantitatively and qualitatively, and in order to achieve the best solutions, legal jurisprudence has proposed a number of solutions that have contributed somewhat to confronting these challenges. Among these ideas and solutions, the concept of the law of the social milieu has emerged, which deals with a set of controls shared by the parties, making it unfair to exclude the application of this law from among the applicable laws, given its superiority over others due to these commonalities.

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Publication Details

Journal
AL-Qadisiya Journal For Law and Political Sciences
Published
2025-06-01
DOI
https://doi.org/10.63677/jqlap.2025.159727.1325
Primary Topic
European Criminal Justice and Data Protection
Type
article
Field-Weighted Citation Impact
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article

The concept of social environment law in the framework of international private relations

Hikem Al-Fartusi, Khairuddin Al-Amin
AL-Qadisiya Journal For Law and Political Sciences
European Criminal Justice and Data Protection
article

The concept of social environment law in the framework of international private relations

Hikem Al-Fartusi, Khairuddin Al-Amin
article en

Abstract

The issue of determining the applicable law to cross-border legal relations is often determined by rules of a special technical nature, called rules of attribution. These rules often reflect a country's legislative policy in dealing with these somewhat complex relationships. However, this does not mean neglecting the interests of the parties, regardless of their affiliation. This is clearly evident in the description we often give to the purpose of attribution rules, which is to select the best solution from among the conflicting laws to govern the disputed issue. As a result of the increase in cross-border relations, both quantitatively and qualitatively, and in order to achieve the best solutions, legal jurisprudence has proposed a number of solutions that have contributed somewhat to confronting these challenges. Among these ideas and solutions, the concept of the law of the social milieu has emerged, which deals with a set of controls shared by the parties, making it unfair to exclude the application of this law from among the applicable laws, given its superiority over others due to these commonalities.

AL-Qadisiya Journal For Law and Political SciencesVol. 16(Issue: 1 part 2 / 2)
University of Babylon (IQ), College of Law (LV), Presidency University (BD), Al-Muthanna University (IQ)
Peace, Justice and strong institutions
Openalex Percentile: Top 7%
European Criminal Justice and Data Protection
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The concept of social environment law in the framework of international private relations — Hikem Al-Fartusi, Khairuddin Al-Amin · AL-Qadisiya Journal For Law and Political Sciences (2025) | TGRS Research Map | TGRS