CONFLICTS OF LAW

CONFLICT
a clash between individuals or ideas arising out of a difference in thought process, attitudes,
understanding, interests, requirements and even sometimes perceptions
CONFLICT OF LAWS
It is the inconsistency or difference between the laws of different states or countries, arising in
the case of persons who have acquired rights, incurred obligations, injuries or damages, or
made contracts, within the territory of two or more jurisdictions
Conflict of laws is that part of the 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 apply a foreign law or foreign laws. (PARAS)
Part of the law of each state or nation which determines whether the law or some other state
or nation will be recognized, given effect or applied in dealing with a legal situation.
PRIVATE INTERNATIONAL LAW
It is a part of municipal law of a state which directs its courts and administrative agencies, when
confronted with a legal problem involving foreign element, whether or not they should apply
the foreign law.
means a collection of standards and rules applied to private parties concerning transboundary
cases with at least one specific legal foreign dimension in it
PRIVATE INTERNATIONAL LAW (international law)
is used when a case involves the regulation of diplomatic relations between various states and
international organizations.

PRIVATE INTERNATIONAL PUBLIC INTERNATIONAL LAW

LAW
Based on domestic and
municipal laws
Municipal in character
Individuals and corporation
SOURCE Based on international
conventions, international
custom, the general
principles of law recogninzed
by civilized nations and
judicial decisions and the
teachings of mostly qualified
publicists
NATURE International in character
SUBJECT States and international

transactions are private ones
between private individuals
All remedies are provided by
municipal laws of the state
organizations
TRANSACTION INVOLVED transactions are entered into
which generally affect public
interest; those which in
general are of interest only to
sovereign
REMEDIES The remedies may be
peaceful or forcible.

Peaceful remedies include

diplomatic negotiation,
tender and exercise of good
offices, mediation, inquiry
and conciliation, arbitration,
judicial setttlement by the
International Court of Justice,
reference to regional
agencies such as the
Organization of American
States, reference to the
United Nations itself.

Forcible remedies include the

severance of diplomatic
relations, retorsions,
reprisals, embargo, boycott,
non-intercourse, pacific
blockades, collective
measures under the U.N.
Charter, and finally war.

DOMICILE
It is the place with which a person has a settled connection for certain legal purposes, either
because his home is there or because that is the place assigned to him by law.
CITIZENSHIP
Is a legal status that means a person has a right to live in a state and that state cannot refuse
them entry or deport them. This legal status may be conferred at birth, or, in some states,
obtained through ‘naturalisation’.
"Nationality" refers to membership in a political community, one that is personal and more or
less permanent, not temporary. A citizen, on the other hand, is one who owes allegiance to,
and is entitled to the protection of the State.

COMMON LAW
a body of legal rules that have been made by judges as they issue rulings on cases, as opposed to
rules and laws made by the legislature or in official statutes.
JURISDICTION OVER THE RES

JURISDICTION OVER THE PERSON

JURISDICTION OVER THE SUBJECT MATTER

FORUM NON-CONVENIENS
A court even though it has jurisdiction over a conflict case, may refuse to entertain a conflict
case if it believes itself to be seriously inconvenient forum and force the parties to a more
convenient forum
It simply means that the forum is not convenient(i.e. the palace where the suit is filed has no
substantial connection to the parties, or litigation of a dispute become very inconvenient in the
chosen venue, or parties are not resident of the forum, or that the witness are located
somewhere).