“Blocking Statutes” in a Private international law perspective

Abstract

There are no universally accepted rules on the extra-territorial application of third country laws. This has prompted States to adopt specific blocking statutes to prevent such laws from having effects in their jurisdiction. From a private international law perspective, these laws have a special nature, deviating only partially from the ordinary mechanisms of conflict of laws and recognition of foreign decisions. Their classification as overriding mandatory provisions should thus be excluded. Rather, they can be characterized as sovereign determinations adopted by the State, establishing specific parameters of international public policy, which allow the circulation of foreign values that are compatible with them.