IBL ASYNCHRONOUS 11-01-21

Traditionally, public international law and private international law are viewed as two
separate types of law; the former that regulates international relations between states and the
latter between private individuals. Through their area of practice, the two types i.e. public
international and private international law are often considered as having the role on a global
level within developing the international community.

Public international law, or the rule of nations, is historically defined as the system of law
regulating diplomatic affairs. So this system is subject to only governments, and general
foreign organizations. The key emphasis is on creating a broad-scale and a basic minimum
legal order. Private international law, or conflict of laws on the other hand, is a framework
that combines the various laws from different countries. It addresses the issue of the
applicability of international or domestic laws in the domestic courts.

Public International Law

Traditionally, the State has been the main subject of public international law. Modern public
international law has definitely evolved out of the idea of the (nation) state and its
sovereignty. The law regulating relations between states was once known as the law of
nations. Although public international law is primarily concerned with relations between
states, it also has individuals and organizations as its subjects. 

Private international law

Private International Law or the conflict of laws is the branch of legal service that is
implemented when two or more sets of legal structures clash over a particular topic. It is a
collection of procedural rules which determine which legal system and jurisdiction shall
apply to a particular dispute. During colonial rule, India consisted of several states with
distinct cultures and beliefs, often due to which there was a dispute between British law and
personal laws in India, as various laws applied to citizens belonging to different beliefs.

Difference Between  Public International Law and Private International Law / Law of

Conflicts

Public International Law Private International Law / Law of

Conflicts
Public International law is the
body of legal rules, which
applied between Sovereign
States and other International
Personalities.
Conflict of laws, often called Private
International Law. Private International
Law regulating relationship between
Private persons (Natural or Legal) of two
different States.

Public International law rules are Private International law rules are framed
outcome of International custom by the State legislature.
and treaties.

Public International law is Private International Law is enforced by

enforced by international the concerned State executive.   
pressure and fear for example –
breakage of diplomatic relations,
sanctions etc.

In public International Law there In private International Law courts are

is no Predetermined Court. predetermined.

Public International Law is same Private International Law differ from state
for all the States. to state.