Da transnacionalidade ao helvetismo: dadaísmo, ordem pública e regimes transnacionais privados

Abstract

Promoting a dialogue between art, law, sports and war, this paper sheds light to the growing relevance of the Swiss concept of public order in private international law with regard to transnational private regimes, bringing the examples of private international law of sports and the self-regulatory scheme of international security companies. Starting with literature review and the discussion of normative documents such as FIFA Regulations, ICoCA Articles of Association and Swiss law, this paper, under inductive method, intends to identify if the purportedly transnational content of private regimes needs to observe any public order. The subject is relevant due to the multiplication of transnational private regimes, such as ICANN for the Internet and “lex mercatoria” for commercial transactions; moreover, the paper aims at identifying possible contradictions in the idea that such orders are autonomous, making an analogy with the Dadaist artistic movement. This contribution, finally, points out that in the two studied examples, there is a clear overvaluation of Swiss law in spite of imperative foreign norms and suggests that such conclusion might be extended to other types of private ordering.