Anoushka Talukdar, O.P Jindal Global University, Sonipat, Haryana
INTRODUCTION
The field of private international law serves a distinctive purpose: it often necessitates the forum court to apply foreign law in a specific case. Enforcing this foreign law, however, may occasionally go against the forum's core principles or fundamentals of public policy, leading to an unsatisfactory and unacceptable outcome. The forum is not required to unquestioningly accept this result. Instead, the courts can refuse to apply that statute by using the public policy exemption or the doctrine of ordre public. The foundation of ordre public is based on statutory changes.1 The way public policy is now conceived, it is required to demonstrate that imposing foreign law would completely contradict fundamental beliefs about local justice in addition to demonstrating how foreign law differs from domestic law.2 Since this exception involves prioritizing one's own law over foreign law, concerns about narrow-mindedness or parochialism and potentially undermining the entire private international law system often arises. The exception has thus been characterized as "a very unruly horse and once you get astride it, you never know where it will carry you."3 It is constantly emphasized to the courts that they must make sure that "this animal does not wreak havoc in international pastures."4 Despite apprehensions about its potential misuse, the exception remains a crucial tool in private international law. The forum must be capable of safeguarding the fundamental principles that underlie its society when choice of law rules fails to do so. The practical significance of the public policy exception has never been greater than it is today when there are many different legal systems and a growing degree of globalization. Therefore, it demands renewed focus now more than ever. This paper intends to examine the numerous facets of public policy in the context of private international law, underlining whether its diverse function is striking a balance between international cooperation and safeguarding of fundamental social interests.
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