- Sphere of Public International Law
- International Courts
- Private International Law Issues
- What is the Foreign Element?
International law is applied to resolve conflicts and disagreements between citizens from different countries. However, it includes two types. The former is public international law, and the latter is private international law. They regulate different spheres of relations in practice, but both work in the direction of the development of worldwide relations.
The scope of public international law is the interaction between countries. Private international law is used in matters between individuals. Public regulation is a system of rules for diplomatic matters. It is run by governments and global organizations. This system provides the world’s minimum order. It controls the possibility of applying an international or national body of order in local courts. Private international law (conflict of laws) combines legislation and regulations from different countries.
Sphere of Public International Law
States are obliged to comply with the norms of foreign law and cannot evade them by referring to domestic ones. Therefore, worldwide regulation is a priority even if local legislation differs from it. But it does not mean that it cancels internal orders. In a specific case, they may not have weight. These articles govern such areas as:
- military operations;
- maritime boundaries;
- the territory of Antarctica;
Articles of public international law govern relations between the sovereign states and organizations. As a rule, it is based on direct contracts and agreements between them. In some cases, these negotiations may become a priority concerning the third side. It usually includes the articles of the criminal legislation. Public international law includes chapters on:
- human rights;
- military operations;
- refugee rights.
In conflicts between countries and global organizations, the parties refer disputes to judicial organizations and tribunals. They, in turn, undertake to resolve disputes based on foreign law, as well as regulations and acts developed by the courts themselves.
For all inquiries, people contact the International Court of Justice located in The Hague, The Netherlands. Also, the adjustment of multicultural issues is entrusted to other judicial bodies: the International Tribunal. Besides, on some issues, the parties may apply to international arbitration courts.
Resolution of conflicts may not always suit both sides and coincide with local laws, as well as moral and ethical principles. Therefore, national conventions, national customs, and the theory of jurisprudence must be taken into account to resolve disputes between peoples.
Private International Law Issues
The world legal order is maintained based on private human rights rules. Private international law includes all aspects of the relationship between individuals, both from one State and different ones. It includes areas such as:
- commercial sphere;
- civil between residents of various States;
- conflicts of law and jurisdiction.
It is based on all the principles, practices, or conventions that exist in the sovereign states between individuals. In a conflict, the parties can apply to both local state courts and international arbitration. Thus, private international order is the freedom of rules for individuals from the sovereign states and different nationalities.
The main task is to solve legal conflicts between residents of different states, as well as to understand which rule is a priority in a particular situation and to understand conflicts of jurisdiction.
For an appropriate outcome of the case, it is effective to hire a good lawyer specifying on this sphere with a narrow profile. A universal attorney can not follow all law changes. The professional helps you not to suffer a legal fiasco, protects your interests, and facilitates your burden.
Typically, international legal experts provide the following services:
- business process control abroad;
- support of transactions;
- signing contracts and agreements between foreign residents;
- transaction and parsing of foreign documents;
- consulting on international law issues;
- advocacy in arbitration courts;
- sale (estate) property abroad.
An experienced attorney will save your wasted time, nerves, and even money.
What is the Foreign Element?
The main concept is the foreign element. The need to apply private international law arises when a dispute between the parties involves issues related to foreign elements or foreign ties. Such aspects often cause difficulties in resolving a conflict. Therefore, it is international law that helps to resolve them as fairly and adequately as possible for both parties.
Disputes between individuals or companies appear as a result of commercial activities by persons from different countries. To ensure understanding, the parties enter into agreements and contracts. For a fair decision, the parties can refer the case to the judicial authority following the legislation of one or both parties.
Thus, when a conflict between parties (countries or individuals) goes beyond one state, the court applies international law. Otherwise, the application of local rules can cause injustice as they can conflict with each other. This international legal system protects both sides of the dispute. An increasing number of individuals are gaining access to global legal instruments.