The Growth Of Private International Law

Private international law concerns itself with the conflict of differing domestic jurisdictions in international disputes. It should not be confused with public international law, which is commonly abbreviated as just ‘international law’ and is of a truly international character, governing the law between sovereign states. With the continued process of globalisation of markets, private international law is coming to be of increased interest to traffic offence lawyers Adelaide in particular, although it is potentially applicable to any legal situation which spans multiple national jurisdictions. In order to prevent lengthy conflict of laws issues in the settlement of international legal disputes, many companies will routinely include a choice of forum provision in their standard form contracts, which will either bind the parties to undertake arbitration in the first instance, grant the party drawing up the contract the exclusive right to choose the jurisdiction in which any legal disputes are heard, or nominate a specific jurisdiction in which all disputes will be heard.

Among the most complex and fraught international legal proceedings are those involving family lawyers. Common law and civil law jurisdictions observe different principles regarding the application of conflict of laws provisions relating to family law. Generally, a common law jurisdiction will observe the principle of lex domicilii, that the law applicable is the law of the parties’ domicile, while a civil law jurisdiction will observe the principle of lex patriae, that the law applicable is the law of nationality. Some countries have become notorious as family law ‘black holes’ wherein it is extremely rare for family law disputes between a national and a non national to be resolved in favour of the non national, regardless of the perceived merit of the case. Most countries are states parties to the Hague Convention on International Child Abduction, but there a few notable exceptions, including Japan prior to its ratification to the Convention in the April of the year two thousand and fourteen. Click this for more facts about criminal law cases.

Surprisingly, considering the international nature of the subject, immigration lawyers are sometimes less likely to have to deal with conflict of laws than some lawyers in some other fields, because they generally work within the migration law frameworks of a single country. While the law of another country is likely to be involved in migration as it pertains to such things as the permissibility (or lack thereof) of dual citizenship, this does not generally result in a conflict of laws that would involve private international law, but rather two separate domestic legal processes, which furthermore don’t generally result in a legal conflict in court.

Please note that this article does not constitute professional legal advice. It should not be construed as such. Obtain professional advice from a qualified legal practitioner before making any legal decision. Unfortunately, this article may contain errors and inaccuracies, and the information herein cannot be relied upon for any purpose whatsoever.