Rough Draft (Conflict of Laws)

Name: Neelesh Chandra

Roll no.: 18212

Group No.: 35

CHAPTER 1 – INTRODUCTION

Generally, conflict of laws is a set of procedural rules that determines which legal system and which
jurisdictions applies to a given dispute. The rules typically apply when a legal dispute has a ‘foreign’
element such as a contract agreed to by parties located in different countries. Conflict of laws is
sometimes interchangeable referred to as private international law or international private law.
Whereas the term conflict of laws is primarily used in jurisdictions of the Common Law legal
tradition (England, Canada, and Australia, the United States, Kenya etc), private international law is
usually used in France, Italy, Greece, and in the Spanish and Portuguese-speaking countries. In
Germany (and German Speaking Countries such as Austria, Leichtenstein and Switzerland) as well as
in Russia and Scotland the word international private law is used.

CHAPTER 2 - SOURCES OF APPLICABLE RULES CONFLICT OF LAWS

It is the presence of the foreign element that marks the existence of conflict of laws, also known as
Private International Law. Characteristically, in India the presence of a variety of Personal Laws gave
rise to 'interpersonal conflict of laws as well.' The main source of conflict of laws is the decisions of
the courts. However, certain statutes and juristic writings have also contributed to the development of
this aspect of law later.

CHAPTER 3 – Sources Of CONFLICT OF LAW IN INDIA

Under this topic, I have tried to cover the following:

Legislation

International Conventions

Opinio Juris and

Local Laws
CHAPTER 4 - THE STAGES IN A CONFLICT CASE

In those states with an underdeveloped set of Conflict rules, decisions on jurisdiction tend to be made
on an ad hoc basis, with such choice of law rules as have been developed embedded into each subject
area of private law and tending to favour the application of the lex fori or local law. In states with a
more mature system, the set of Conflict rules stands apart from the local private civil law and adopts a
more international point of view both in its terminology and concepts. For example, in the European
Union, all major jurisdictional matters are regulated 8 under the Brussels Regime, e.g. the rule of Lis
Alibi Pendens from Brussels 1 Regulation applies in the Member States and its interpretation is
controlled by the European Court of Justice rather than by local courts.

CHAPTER 3 – CONCLUSION

The first instances of conflict of laws in the Western legal tradition can be traced to Greek law.
Ancient Greeks dealt straightforwardly with multistate problems, and did not create choice-of-law
rules. Leading solutions varied between the creation of courts for international cases, or application of
local law, on the grounds that it was equally available to citizens of all states. The Praetor peregrini
did not select a jurisdiction whose rules of law should apply. Instead, they "applied" the "jus
gentium." The jus gentium was a flexible and loosely-defined body of law based on international
norms. Thus the praetor peregrini essentially created new substantive law for each case. Today, this is
called a "substantive" solution to the choice-of-law issue.

BIBLIOGRAPHY

“Conflict of Laws.” The History of the New York Court of Appeals: 1932-2003, by Bernard
S. Meyer et al., Columbia University Press, New York, 2006, pp. 586–599. JSTOR,
www.jstor.org/stable/10.7312/meye13632.22 . Accessed 10 Nov. 2020.

Cheatham, Elliott E. “American Theories of Conflict of Laws: Their Role and Utility.”
Harvard Law Review, vol. 58, no. 3, 1945, pp. 361–394. JSTOR,
www.jstor.org/stable/1335426. Accessed 10 Nov. 2020.

Tier, Akolda M. “THE EVOLUTION OF PERSONAL LAWS IN INDIA AND SUDAN.”

Journal of the Indian Law Institute, vol. 26, no. 4, 1984, pp. 445–517. JSTOR,
www.jstor.org/stable/43950945 . Accessed 10 Nov. 2020.