What is meant by private international law? How does it differ from public international law?
Private International Law:
When a case comes before a court involving a foreign litigant, private international law is applied. Private international law is the law that applies in a particular state.
Objectives
of Enforcement of Law:
The purposes of application of private international law
are as follows:
i:-Jurisdiction
of Courts:
The purpose of private international law is to identify
the circumstances under which a court has jurisdiction to hear a case.
ii:-Enforcement
of Local Law:
In order to correctly identify the rights of the parties,
it is important to determine the local law. Purpose of Private International
Law is to determine which local laws can be applied in a given case.
iii:-Place
of Judicial Decision:
The purpose of private international law is to identify
the circumstances under which a foreign court's decision is arbitrable in the
event of a dispute.
iv:-Enforcement
of Executor's Rights:
An executor who
has been assigned rights by a foreign judgment they can be enforced by a
domestic court.
Dependence
of Private International Law:
The dependence of private international law is based on
the fact that there are all kinds of laws in the world that are very different
from each other in terms of nature, but in case of conflict between them, it
cannot be said that national laws are different from international laws or
following foreign law has adverse effects on domestic law.
Practice of Private International Law in States:
When applying international law at the state level, we
find two types of theories:
First
Theory:
According to this theory, courts follow international law
because they are a part of international law.
Second
Theory:
According to this theory, international law can be
implemented only in the local law that is made a part of it.
Difference Between the Rules of Public Law and Private
International Law:
(i)
Rules of International Law:
International rules refer to the rules that are
recognized all over the world.
Local
Rules:
Territorial rules are the result of inter-relationships
between states in a particular area.
Difference:
The difference between PUBLIC INTERNATIONAL LAW and
PRIVATE INTERNATIONAL LAW is as under:
Public International Law:
Implication:
Common international law applies to the rules and
regulations between states in relation to recognized inter-state relations.
Scope:
Common international Law has universality because it
applies to all states.
Action:
Common international law is to be followed by states by
mutual consent.
Nature:
Common International Law
is a weak law.
Separate Status:
Common international law is equal to all states.
Private
International Law:
Implication:
Private international law refers to the rules and
regulations used by state courts when foreign national
elements are involved in a case.
Scope:
Private international law applies only to a particular
state
Action:
Private International law is a part of a state law.
Nature:
Private international law has the implementation force
behind it, therefore it is more effective.
Separate Status:
Since international law belongs to a particular state, therefore
It has a different status.
Analysis:
A law that is applicable only in a particular state is
called private international law. The purpose of private international law is
to identify the circumstances under which a court has jurisdiction to hear a
case. Two theories come to the fore while practicing international private law.
According to the first theory, the courts follow the international law because they are the part of the international law, while according to the second theory, the international law is followed only by the local law that is made a part of it.
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