Private International Law

The name private international law, which is generally used in countries of European-continental tradition, and occasionally also in the United Kingdom, seems to indicate that it is a part of international law ‑ the system of law that is superior to all sovereign states and that, at least in theory, is uniform throughout the world. This view was commonly held for many centuries, and when the name private international law was coined in the 19th century it was meant to signify that the supranational body of international law consisted of two parts, public and private international law. While the former would determine the proper conduct of sovereign nations toward each other in both peace and war, the latter would, in a uniform way, tell all nations in what cases their courts ought or ought not to take jurisdiction, under what conditions foreign judgments were to be enforced or otherwise recognized, and in what cases the laws of one nation were to be applied rather than those of another.

Since the later part of the 19th century, however, such a view has been considered an ideal rather than a true description of reality. Today, it is generally recognized that each nation determines not only what is to be its substantive law (its law of property, contracts, torts, family relations, succession, corporations, etc.) but also in what cases its courts are to have jurisdiction, under what conditions foreign judgments are to be recognized, and which country's law is to be applied in any particular case.

As on other matters, nations may, of course, conclude treaties, bilateral or multilateral, in which they assume in relations with each other the duty to deal with certain problems in an agreed way. Treaties of such a kind have been concluded between numerous states, especially among countries of Latin America and of continental Europe. The countries are parties to numerous treaties with one another and with other nations, concerning foreign judgments and mutual rights of owning, disposing, and taking of property. In those numerous areas not covered by treaties, the rules of the conflict of laws of each nation are relevant. These rules differ from country to country since each state is sovereign in fixing and amending them. Even in France, Germany, or Latin America, where the bulk of private law is contained in codes and other statutes, the statutory provisions on private international law are fragmentary, and for large parts of the field the law must be sought in the decisions of the courts. In all countries the writings of scholars have been of considerable influence.

Among the rules of private international law, three important issues of international civil procedure arise in practice: (1) the problem of jurisdiction-that is, under which circumstances a case may be brought before the courts of a particular country or province; (2) international elements in the various stages of a judicial proceeding; and (3) the recognition and enforcement of foreign judicial decisions – that is, what weight, if any, is to be given in one country or province to the judgments and decisions of the courts of other countries or provinces.

LESSON 17

1. Grammar and Practice:	Participle Constructions: Absolute Participle Construction
2. Topic Activities:	The Nature of Constitutional Law
3. Speaking:	Discussion
4. Supplementary reading:	The Right to Freedom of Speech and Freedom of the Press

Дата добавления: 2015-11-14