Define: Private International Law

Private international law, also known as conflict of laws, is a set of rules and principles that determine which country’s laws should apply when there is a dispute involving individuals or entities from different countries.

Private international law deals with disputes between private individuals or entities, while public international law governs relations between countries and international organisations.

The main sources of private international law include international conventions, treaties, domestic legislation, and judicial decisions.

Private international law determines jurisdiction by considering factors such as the defendant’s residence, the location of the dispute, and the parties’ choice of forum.

In many cases, parties can choose the applicable law through a choice of law clause in their contract. However, there are limitations and exceptions to this principle.

The principle of comity refers to the recognition and respect given by one country to the laws and judicial decisions of another country. It promotes cooperation and harmony between legal systems.

Recognition and enforcement of foreign judgments depend on the legal framework and treaties between countries. Generally, a foreign judgment needs to meet certain criteria, such as being final and not contrary to public policy.

The Hague Conference on Private International Law is an intergovernmental organisation that works to develop and promote international conventions and protocols in the field of private international law.

Private international law provides rules and mechanisms for determining jurisdiction, applicable law, and recognition of foreign decisions in cases involving child custody and international adoption.

Private international law provides rules for determining jurisdiction, choice of law, and recognition of foreign judgments in cross-border commercial disputes. It aims to ensure fairness and predictability in international business transactions.