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Assignment 02 (2)

The document outlines the differences between public international law and private international law, highlighting their distinct legal foundations, enforcement mechanisms, and scopes. Public international law primarily governs relations between states and international organizations, while private international law addresses conflicts between different legal systems in cross-border transactions. Key actors in these fields include states, individuals, international organizations, and courts.

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46 views

Assignment 02 (2)

The document outlines the differences between public international law and private international law, highlighting their distinct legal foundations, enforcement mechanisms, and scopes. Public international law primarily governs relations between states and international organizations, while private international law addresses conflicts between different legal systems in cross-border transactions. Key actors in these fields include states, individuals, international organizations, and courts.

Uploaded by

raoufbadine
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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‫طبة عبدالحميد‬

Assignment 02

English

Answer
There are differences between public international law and private
international law. The dynamics of legal interactions span beyond domestic
borders. International law emerges as a pivotal realm that governs these
interactions, encompassing both public and private dimensions. What is the
fundamental difference between public international law and private
international law, and who are the main actors in each of these fields?

The first requirement: Public and private international law

Branch1: Meaning of Public International Law


In the past the main focus of international law was on countries or states.
Nowadays international law has changed from being mainly about individual
countries and their power to include other subjects like people and groups.
This type of law used to be called “jus gentium” or the law of nations.even
though international law mainly deals with how countries interact it also
involves individuals and organisations

Branch2: Meaning of Private International Law


Private International Law, also known as conflict of laws, is a type of legal
service used when different sets of laws come into conflict on a specific
matter. It involves a set of rules that determine which legal system and
jurisdiction should be used to solve a particular disagreement

Branch3 : Difference Between Private and Public International Law

The Nature of Law :Private International Law and Public International Law
have distinct legal foundations, guiding principles and ways of making sure
they are followed. Private International Law relies on the laws of individual
countries, international agreements and the principles of comity. Public
International Law is mainly built upon treaties and established practices.
‫طبة عبدالحميد‬

Private International Law is enforced through domestic courts and arbitration,


while Public International Law is enforced through diplomatic means,
international courts and tribunals and sometimes economic actions like
sanctions

Scope of the Law


Private International Law focuses on resolving legal conflicts and providing
certainty to parties involved in transactions that cross borders. Its main goal is
to prevent disagreements between different legal systems that apply to a
particular dispute.

Public international law, on the other hand, deals with a broad range of
international relations and global governance issues. Hence, the difference
between differences public and private international law arises in terms of the
scope of these law

Sources of the Law


Private International Law, also known as the conflict of laws, draws its main
principles from the legal rules of individual countries. These rules can be found
in national laws and they can also be outlined in agreements, conventions,
model regulations, legal guidelines and other tools that regulate international
transactions . In contrast, public international law, which deals with matters
among nations on a global level.

Branch4: International actors


States

Individuals

International organisations

United Nations

International courts
‫طبة عبدالحميد‬

Public International Law and Private International Law are distinct legal
branches that focus on different aspects of international law and egal
relations. There are differences between Public International Law and Private
International Law.

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