Nature of International Law

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Nature of International Law

By | April 2011
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Nature and scope of private international law
Private international law is a set of procedural rules which determines which legal system, law of' which jurisdiction, applies when legal dispute has a "foreign element", such as contract agreed by parties located in different countries. It is a branch of English law known as the 'conflict of laws'. By a foreign element is meant simply a contact with some system of law other than English law, it has three main objects: Firstly, to prescribe the conditions under which the court is competent to entertain such a claim. Secondly, to determine for each class of case the particular municipal system of law by. reference to which the rights of the parties must be ascertained. Thirdly, to specify the circumstances in which (a) a foreign judgment can be recognized as decisive of the question in dispute; (b) the right vested in the judgment creditor by a foreign judgment can be enforced by action in England. The reason for recognition of private international is, the existence in the world of a number of separate municipal systems of law that differs great1y from each other in the rules by \which they regulate the various legal relations arising in daily life. Courts must frequently take account of some rule of law that exists in another. A Sovereign is supreme within his own territory and according to the universal maxim of jurisprudence, he has exclusive jurisdiction over everybody and everything within that territory and over every transaction that is effected there. He can refuse to consider any law but his own. Although the adoption of this policy of indifference might have been common enough in other ages, it is impracticable in the modern civilized world. Moreover, it is no derogation of sovereignty to take account of foreign laws. The recognition of foreign law in a case containing a foreign element maybe necessary for at least two reasons: firstly, the invariable application of the law of the forum, i.e., the...
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