001 LECTURE ONE INTRODUCTION.pdf - PRIVATE INTERNATIONAL LAW LECTURE ONE Introduction to Private International Law Some definitions “Private

001 LECTURE ONE INTRODUCTION.pdf - PRIVATE INTERNATIONAL...

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PRIVATE INTERNATIONAL LAW © C.H..Spurin 2008 1 LECTURE ONE Introduction to Private International Law Some definitions “Private international law is the body of conventions, model laws, legal guides, and other documents and instruments that regulate private relationships across national borders. Private international law has a dualistic character, balancing international consensus with domestic recognition and implementation, as well as balancing sovereign actions with those of the private sector .” 1 “Private International Law is the law which regulates which courts should take charge, which law should apply and whether judgments should be recognised and enforced across borders in cases with an international dimension. It also includes mechanisms for co-operation and exchange of information between governments and courts in different countries, where these are designed to support mutual recognition of each other's laws and judgments. Some Private International Law is made by the EU, and this is a growing area of work. Some comes from other international organisations such as the Hague Conference and the Council of Europe.” 2 “Private international law consists of the rules of law which govern legal relationships of private law nature (family law, inheritance law, contract law, company law etc.) featuring an international aspect. Private international law answers mainly the following questions: which national law applies? which jurisdiction is competent? under what conditions will a decision that has been handed down in a particular State be recognised and enforced in another State? Some matters are regulated by international treaties which were drafted by international organizations like the Hague Conference on Private International Law, the UN Commission on International Trade Law (UNCITRAL) or the Council of Europe .” 3 Conflict of laws from Wikipedia 4 “Conflict of laws, or private international law, or international private law is that branch of international law and interstate law that regulates all lawsuits involving a "foreign" law element, where a difference in result will occur depending on which laws are applied as the lex causae. Firstly, it is concerned with determining whether the proposed forum has jurisdiction to adjudicate and is the appropriate venue for dealing with the dispute, and, secondly, with determining which of the competing state's laws are to be applied to resolve the dispute. It also deals with the enforcement of foreign judgments. Its three different names are generally interchangeable, although none of them is wholly accurate or properly descriptive. Within local federal systems where inter-state legal conflicts require resolution, (such as in the United States), the term "Conflict of Laws" is preferred simply because such cases are not an international issue. Hence the term "Conflict of Laws" is a more general term for a legal process for resolving similar disputes, regardless if the
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