Various different aspects of the principle of equality are considered with reference to the identification of the applicable law according to the rules of private international law. This principle is relevant, first of all, for the interpretation of connecting factors, the goal of which must be to assess the manner in which these factors operate. Secondly, the principle of equality is also relevant in terms of the results arrived at by the connecting factors, and must be applied when assessing the substantive fairness of the legal system referred to, drawing inspiration from the principle’s capacity to protect fundamental rights.
Equality, Conflict of Laws and Human Rights
S. Tonolo
2023-01-01
Abstract
Various different aspects of the principle of equality are considered with reference to the identification of the applicable law according to the rules of private international law. This principle is relevant, first of all, for the interpretation of connecting factors, the goal of which must be to assess the manner in which these factors operate. Secondly, the principle of equality is also relevant in terms of the results arrived at by the connecting factors, and must be applied when assessing the substantive fairness of the legal system referred to, drawing inspiration from the principle’s capacity to protect fundamental rights.File | Dimensione | Formato | |
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More Equal than Others_ - moreequalTONOLO.pdf
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