Abstract

GONZALO QUIROGA, Marta. Fashion Law and Private International Law: legal design and tailoring in a globalized framework. Justicia [online]. 2023, vol.28, n.44, pp.65-88.  Epub Feb 16, 2024. ISSN 0124-7441.  https://doi.org/10.17081/just.28.44.6851.

The fashion industry is a globalized sector in constant development, evolution, and change. Its social and economic importance is unquestionable, both nationally and internationally, as well as the abundant legal relationships -of the most varied, original, and heterogeneous- that arise in Fashion Law, regardless of its framework of action. In this context, Private International Law (PIL) plays a crucial role in its regulation, systematics, and conflict management. At the same time, it faces several issues that evaluate its ability to integrate a large plurality of different material, procedural and legal fields. In this context, the goal of this article is to analyze and systematize methodologically Fashion Law within the framework of private international law, examining the solutions, both judicial and extrajudicial, that it offers in an internationalized framework. For this purpose, a scientific method will be used, based on different legislative, documentary, bibliographic and artificial intelligence, as a novelty. The result has given rise to the creation of six tables and four graphs that summarize the main proposals of this research. Conclusions that range from the most relevant judicial ones in the three classic sectors of private international law -competent jurisdiction, applicable law, and recognition and enforcement of foreign judgments related to fashion- to the extrajudicial ones provided by the Alternative -Appropriate- Dispute Resolution (ADR) applied to this sector, analyzing its latest trends towards a universal and globalizing design.

Keywords : international Jurisdiction; applicable law; fashion Law; private international law; enforcement; alternative -appropriate- dispute resolution (ADR); intellectual property and recognition..

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