Difference between public and private international law is viewed as two aspects of customary law. International Public Law is also known as the Law of Nations whereas International Private Law is known as the Law of Conflicts and these laws are deals with the rules for the governance of sovereign states.
In International Laws, there are separate two types of laws;
- Public International Law
- Private International Law
In this article, we will discuss the difference between private and public international law, their nature and scopes and theories.
Public International Law
Public International Law's main subject is the State (i.e. Nation). Hence, international public law is also known as the Law of Nations. Public international law is nothing but the body of legal rules which is being applied between the Sovereign States and other international authorities.
The body of rules regulating the relations between the sovereign states was known as jus gentium or Law of Nations. Public international law is primarily concerned with the relations between sovereign States but is also subjected to individuals and organizations in the States.
Private International Law
Private International Law's main subject is the private person (i.e. an individual). Hence, international private law is also known as the Law of Conflicts. These private international laws are applied where there is a conflict between the private person with the Sovereign State.
International journal of private law is a quarterly peer-reviewed law journal covering all aspects of private law, including audio-visual, media etc.
It is the branch of legal services where the procedural rules of this are applied to determine which legal system and jurisdiction shall apply to a particular conflict between the private person and the Sovereign State.
Difference Between Public and Private International Law
Public and private international law is the procedural law where it is applied to resolve the dispute between the State and State or the private person and State.
| Public International Law | Private International Law |
|---|---|
Public international law is a body of rules applied in the conflicts of Sovereign States. |
Private international law is a procedural rule applied in the conflicts between private persons and Sovereign states. |
Public international law is also known as the Law of Nations. |
Private international law is also known as Conflict of Laws. |
Public international laws are the outcome of International customs, traditions and treaties. |
Whether the international private laws are framed by the State Legislature. |
Public international law is State law. |
Private international law is corporate international law. |
These types of laws are enforced where there is international pressure or fear. |
These types of laws are enforced by the State Executive. |
In the public international laws, the courts are not predetermined. |
Where, in the private international laws, the courts are predetermined. |
Public international laws are similar to all States. |
Whether the private international may differ from State to State. |
In the case where the conflict is at the international level then the Sovereign States must look beyond the domestic laws. The international laws are applied where the domestic trial results in injustice because it conflicts with foreign laws.
Conclusion
Difference between public and private international law is viewed as two aspects of customary law. International Public Law is also known as the Law of Nations whereas International Private Law is known as the Law of Conflicts and these laws are deals with the rules for the governance of sovereign states.
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