Belikova K.M. On Some Problems of Application of National, International and Regional Conflict-of-Law Provisions in the Sphere of Labour Relations in the BRICS Countries
Kseniya Mikhaylovna Belikova
Doctor of Juridical Sciences, Associate Professor,
Professor, Department of Civil and Labor Law,
Peoples’ Friendship University of Russia
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Miklukho-Maklaya St., 6, 117198 Moscow, Russian Federation
Abstract. The article examines the approaches to the application of national, international and regional conflict-of-law provisions in the sphere of labor relations within the BRICS countries. The author‘s attention is paid to the boundaries of international private law as well as to the application of unilateral and multilateral conflict-of-law provisions in the legal system of those countries including such an application in the regional aspect. The author studies the problems of application and action of the norms of international treaties and agreements, including those in the field of human rights protection; the problem of territoriality and extraterritoriality application of rules of national labor of the national labor legislation of the BRICS countries and the problem of implementation and application of multilateral conflictof-law provisions on the example of Latin American Bustamante Code. The author found the connecting factor most often used for solving collision problems in case of conflict of labor laws of the BRICS countries.
Key words: BRICS, labor relations, foreign element, collision factors, international private law, international public law, Bustamante code, international Conventions on Human Rights.
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