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DIFFERENCE BETWEEN PUBLIC INTERNATIONAL LAW & PRIVATE INTERNATIONAL LAW

TEJINDER SINGH

2013

UNIVERSITY INSTITUTE OF LEGAL STUDIES

ACKNOWLEDGEMENT
I have put my sincere efforts in this project. However, it would not have been possible without the kind support and help of many individuals and organizations. I would like to extend my sincere thanks to all of them. I am highly indebted to Dr Supreet for their guidance and constant supervision as well as for providing necessary information regarding the project & also for their support in completing the project. I would like to express my gratitude towards my parents, seniors and my classmates for their kind co-operation and encouragement which help me in completion of this project. My thanks and appreciations also go to my colleague in developing the project and people who have willingly helped me out with their abilities.

TEJINDER SINGH

TABLE OF CONTENTS
Acknowledgement ..................................................................................................................... 2 International Law ....................................................................................................................... 4 Introduction ............................................................................................................................ 4 Definition ................................................................................................................................ 4 Revised Definition ............................................................................................................... 4 Starkes Definition ............................................................................................................... 5 Types of International Law ..................................................................................................... 6 Public International Law...................................................................................................... 6 Private International Law .................................................................................................... 7 Public International Law & Private International Law ............................................................ 8 Difference Between Public International Law & Private International Law .......................... 9 Summary .................................................................................................................................. 10 Bibliography ............................................................................................................................. 11 Webography............................................................................................................................. 11

INTERNATIONAL LAW

INTRODUCTION
The expression International law and Law of Notions are synonymous and are equivalent terms. The former was introduced by Bentham in the year 1789. Most of the classical jurists laid down that International law regulate the relation of the States with one another, and they therefore have defined the term in this sense only.

DEFINITION
According to Oppenheim, International Law is the name for the body of customary and treaty rules which are considered legally binding by States in their intercourse with each other.1 The above definition contains three important elements. 1) International law consists of a body of rules governing the relations between the States. 2) States regard these rules as being binding on them in their relations with one another. 3) Such rules derive from custom and treaties. The above definition, however, is not adequate. It is subjected to many criticisms. So there came a revised definition.

REVISED DEFINITION
International law is the body of the rules which are legally binding on States in their inter course with each other. These rules are primarily those which govern the relation of States,

Oppenheim, International Law, Vol. 1, (1905) pp. 1-2

but States are not the only subjects of International Law, International organizations and, to some extent, also individuals may be subjects of rights conferred and duties imposed by International Law.

STARKES DEFINITION
According to him: International Law is that body of law which is composed for its greater part of the principles and rules of conduct which States feel themselves bound to observe, and therefore, do commonly observe in their relations with each other, and which include also: A) The rules of law relating to the functioning of international institutions or organizations, their relations with each other, and their relations with States and individuals. B) Certain rules of law relating to individuals and non- State entities so far as the rights or duties of such individuals and non- State entities are the concern of the international community.2 International law is generally defined in either one of two ways. The International laws can either be referenced two by either the public International law or the private International laws. There are generally some similarities and differences between both of the types of International laws. Whether it is a public International law or a private International law, there has been a set agreement that has been devised by the involved decision makers in order to come to the terms and conditions of these International laws. It is important that these International laws that have been composed and agreed upon are

Starkes International law, Eleventh Edition, (1994) p. 3.

properly followed. The concepts behind the two main sectors of International law may be slightly different, but the bottom line is that these laws have to be adhered to.

TYPES OF INTERNATIONAL LAW


a) Public International Law. b) Private International Law

PUBLIC INTERNATIONAL LAW


E XPLANATION
Public international law (or the law of nations) is a body of customary or conventional rules which are considered as legal binding by civilized states in their intercourse with each other and is concerned solely with the rights and obligations of sovereign states. The public international law is concerned solely with rules concerning the rights and obligation of the states (i.e. countries) interest. Whereas, generally, speaking individuals and their dealings are the sole concerns of private international law. Public International law is the government standard between the states and an international entity. The public International laws will determine the relationship between the two entities as to the law that is defined between the conduct amongst individuals, as well as groups. The public International laws also refer to the governance between international corporations. Due to the fact that in most of the developing countries, a substantial amount of their wealth comes from transactions with other countries that they conduct trade amongst, it is only right that the International laws are of huge importance. All of the involved parties want to ensure that everyone is following these International laws, including themselves, because that is going to ultimately serve in their best interest. A fair playing field is ideal for many nations.

PRIVATE INTERNATIONAL LAW


E XPLANATION
Private international law (or the conflict of laws) may be defined as the rules voluntarily chosen by a given state for the decision of cases which have a foreign element or complexion. Thus, where two Englishmen make a contract in Portugal for the sale of goods situated in Lisbon, payment to be made in London, an English court would certainly recognize and apply Portuguese law as far as it affected the validity of the contract. The private international law forms part of municipal laws of a state and is meant for purpose of deciding whether a given case involving foreign element (i shall be adjudicated upon by its own domestic laws or by laws of some other state; and (ii) shall be subject of its courts of some other state. Thus private international law deals with cases in which some relevant fact has a geographical connection with a foreign country and may on that ground raise a question as to the application of Indian or some other appropriate foreign law to the determination of the issue or as to the exercise of jurisdiction by Indian or foreign courts. Thus in the case of private international law, the disputes are of a private character ,though one of the dispute ,may be a sovereign state .Moreover ,unlike public international law, private international law of every state is different. Also there are as many systems of private international law as there are systems of municipal law, thus, we have rules of private international law in the fields of birth, marriage, divorce insolvency, wells contracts death and the like. The private International law is the circuit that regulates the legal cases. These International laws are designed to determine where any given case will be tried out. An institution has been set in place in order to ensure that a case is being carried out in the proper jurisdiction. This

institution is also responsible for many issues of citizenship that arise that pose an international conflict.

PUBLIC INTERNATIONAL LAW & PRIVATE INTERNATIONAL LAW


It is to be noted that the expression International law is identical with the so called Public International Law. It is, as a system, applies to all States. Thus, a primary and essential characteristic of the public international law system is its universality. It applies everywhere including mans activities in space and in respect of celestial bodies. It is the quality of universality that serves to distinguish it from private international law, which is a law of different states and which concerns mainly such matters between individuals as fall at the same time under the jurisdiction of two or more different States. Contracts of sale or service between persons in different countries is an instance which is governed by the rules of private international law. Such rules have evolved to avoid the conflicts which arise due to conflicting rules of municipal laws of different States.

DIFFERENCE BETWEEN PUBLIC INTERNATIONAL LAW & PRIVATE INTERNATIONAL LAW


PUBLIC INTERNATIONAL LAW PRIVATE INTERNATIONAL LAW

1) Public

International

Law

deals

1) Private

International

Law

deals

primarily with the States and to some extent with the individuals. 2) Rules of Public International Law are not part of the internal law of the State concerned. 3) It is applied uniformly to all the States. 4) It evolves largely through the consent of the States by means of customs and treaties. 5) It applies everywhere including mans activities in space and in respect of celestial bodies.

primarily with the individual of two States. 2) Rules are part of the internal law of the State concerned.

3) It differs from State to State.

4) It

is

enacted

mainly

through

legislation enacted by the legislatures of different States. 5) It concerns mainly such matters between individuals as fall at the same time under the jurisdiction of two or more different States.

It is to be noted that presently distinction between Public International Law and Private International Law has been reduced because certain rules of Private International Law have become the rules of International Law as well. What is now termed private international law may also have the character of public international law. It is done mainly by the conclusion of

treaties.3 As long as they are not postulated by the rules of customary law, treaties or general principles of law recognized by civilized nations, they remain the rules of municipal law.

SUMMARY
These two sectors of International law are very important in maintaining international order. This eliminates a wide range of conflicts that could potentially arise as a result. As these International laws continue to strengthen, the state of world order continues to grow stronger.

Oppenheims International Law, Vol. 1, Ninth Edition (1992), p. 7.

BIBLIOGRAPHY
Dr. Agarwal, H. O., International Law & Human Rights, 17 Edition, Allahabad: Central Law Agency, 2010. KAPOOR, S.K., International Law & Human Rights, 12 Edition, Allahabad: Central Law Agency, 2003.
th th

WEBOGRAPHY
www.blindloop.com/index.php/.../5-private-public-international-law/ http://www.southasiaanalysis.org/%5Cpapers2%5Cpaper103.html