The Globalization and Its Impact on the Concepts of Conflict of Laws

Authors

  • Dr. Watban Warnas Nawaf University of Kirkuk - College of Law and Political Science Author

Keywords:

Globalization - Conflict of Laws - Legal Sovereignty - Private International Law - Unification of Laws.

Abstract

This study explores the profound impact of globalization on the traditional principles of conflict of laws within private international law. With the increasing interconnection between legal systems, globalization has challenged core concepts such as state sovereignty and territorial jurisdiction. It has also introduced new legal trends, including the growing role of party autonomy, international contracts, and the unification of laws as alternatives to resolving legal conflicts. Using an analytical and comparative methodology, the research evaluates the evolution of legal doctrines and the diminishing role of rigid conflict rules. It analyzes the role of international agreements (e.g., Rome I Regulation, Hague Conventions) in shaping a more flexible legal framework responsive to the cross-border nature of modern legal relationships. The study concludes that globalization has transformed the foundations of conflict of laws, necessitating a reevaluation of domestic legal frameworks and encouraging harmonization to ensure legal certainty, especially in digital trade and international contracts.

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Published

2026-01-01

How to Cite

Dr. Watban Warnas Nawaf. (2026). The Globalization and Its Impact on the Concepts of Conflict of Laws. Al-Madarat Scientific Journal for Humanities and Social Sciences, 3(2), 157-130. https://almadarat.idrisi.edu.iq/index.php/madarat/article/view/272

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