Normele de aplicare necesară – un concept în mişcare// The Overriding Mandatory Rules – an evolutive concept

Abstract

The paper aims to point out and assess the mechanism of methodological transformation of the concept of conflict of laws. Within this mechanism, the conflict of laws does not pendulate anymore between the methodologies of multilateralism and unilateralism. Such mechanism suggests that nowadays the multilateralism survives owing to unilateralism itself. This idea is moving in between national legal orders, international legal order and quasi federal legal order of European Union, on the one side, and sets in motion the concept of „overriding or internationally mandatory rules”, on the other side. Our conclusion suggests that nowadays scholars acquired truly on the move identities. Such identities allow them a truly evolutive conceptualisation.

Keywords

• the concept of conflict of laws
• international law
• european union law
• multilateralism
• unilateralism