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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| Difference Between Public and Private International Law |
Traditionally, public and private international law are viewed as two separate types of International Law. The public and private international law are often considered as having a role on a global level in developing the international community.
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, its nature and scopes and theories.
Public International Law
In Public International Law, State has been considered the main subject. Modern Public International Law's main subject is the State (i.e. Nation) has definitely evolved out of the idea of the State and its sovereignty. 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.
However, the growth of international companies, with some of them producing higher annual sales over several years than some nations' Gross National Product' i.e. GNP.
Therefore, Corporations and Companies also set up networks and alliances and codes of conduct that create regulations and rules themselves.
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 Conflict. 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 a 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 public international laws, the courts are not predetermined. |
Where, in 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. International laws are applied where the domestic trial results in injustice because it conflicts with foreign laws.
Frequently Asked Question
What is the difference between public international law and private international law?
Answer: While public international law governs the relationship between the subjects of international law, such as States, private international law addresses the private law rights of natural or legal persons.
What is private international law explain?
Answer: 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 Conflict. These private international laws are applied where there is a conflict between the private person with the Sovereign State.
What is the difference between private international law and public international law?
Answer: While public international law governs the relationship between the subjects of international law, such as States, private international law addresses the private law rights of natural or legal persons.
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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