Conflict of Laws

1. Definition
It is that part of law which comes into play when the issue before the court affects some fact, event or transaction that is so
clearly connected with a foreign law as to necessitate recourse to that system.
It embraces those universal principles of right and justice which governs the courts of one state having before them cases
involving the operation and effect of the laws of another state or country.
It is a part of municipal law of a state which directs its courts and administrative agencies, when confronted with a legal
problem involving a foreign element, whether or not they should apple a foreign law or foreign laws.

2. Conflict of Laws Case

Any case which involves facts occurring in more than one state or nation, so that deciding the case, it is necessary to make a
choice between the laws of different states or countries.

3. Meaning of a State
o Includes not only foreign sovereign countries or state but also political subdivisions of a state, which have their
own legal systems

4. Importance
o Fast advancements in communications, rapid growth of international trade and commerce, influx of tourists arid
foreign traders as well as massive migration, there arises many and varied problems in Conflict of Laws.
o Hence, the necessity is not only for lawyers but also for citizens

5. Is Conflict of Laws part of International Law?

No, part of municipal law of each state.
Municipal Law internal or local law of each state

6. Reason for diversity of conflict rules among the different state

Each state has different group of people having different language, culture, mores and customs, religion, ideals and beliefs

7. Distinguish Conflict of Laws from Public International Law

BASIS CONFLICT OF LAW LAW OF NATIONS/Public International Law
Nature Municipal in character International in character
Persons involved Dealt with by private individuals including Sovereign states and other entities
corporations; governs individuals in their possessing international personality, e.g.,
private transactions which involve a UN; governs states in their relationships
foreign element amongst themselves

Transactions Private transactions between private Generally affected by public interest; those
involved individuals in general are of interest only to sovereign
states
Remedies and Resort to municipal tribunals May be peaceful or forcible
Sanctions Peaceful: includes diplomatic negotiation,
tender & exercise of good offices,
mediation, inquiry & conciliation,
arbitration, judicial settlement by ICJ,
reference to regional agencies
Forcible: includes severance of diplomatic
relations, retorsions, reprisals, embargo,
boycott, non-intercourse, pacific
blockades, collective measures under the
UN Charter, and war.

8. Sources

DIRECT INDIRECT
CONSTITUTION Natural moral law
CODIFICATIONS Work of writers
SPECIAL LAWS
TREATIES AND CONVENTIONS
JUDICIAL DECISIONS
INTERNATIONAL CUSTOMS