ANSWER:1

Private international law refers to that part of the law that is administered between private
citizens of different countries or is concerned with the definition, regulation, and enforcement
of rights in situations where both the person in whom the right inheres and the person upon
whom the obligation rests are private citizens of different nations.
Private international law is the area of law that comes into play whenever a court is faced
with a question that contains a foreign element, or a foreign connection. The presence of such
a foreign element in a legal matter raises a number of questions and it is the function of
private international law to provide an answer to these questions and to ensure just solutions.
It is concerned with all legal relationships between private entities and thus includes, for
example, family law and the law of contracts and obligations. These laws differ from country
to country. PIL is a branch of municipal law. PIL is essentially a system of Indicating
choice, choice of jurisdiction, choice of law and recognition of a foreign judgment.

ANSWER:2
Private International Laws arises when there is a foreign geographical connection with the
case, or there is some presence of the foreign element. This foreign element can be anything
ranging from a contract between two parties of a different nationality to a tort committed with
foreign influence. In such cases, the concept of Private International Laws is also called
‘Conflict of Laws’. In such cases, the court undertaking the case has to apply the principles of
private international laws along with the domestic laws. Almost all the nations have well-
codified laws and a system of conflict of laws.
conflict of laws, also called private international law, the existence worldwide, and within
individual countries, of different legal traditions, different specific rules of private law, and
different systems of private law, all of which are administered by court systems similarly
subject to different rules and traditions of procedure. The “law of the conflict of laws”
pertains to the resolution of problems resulting from such diversity of courts and law.

ANSWER:3
Jurisdiction Selection - It requires the court to apply the law of the choice of law rule
irrespective of the content of the particular rule of law there by selected.
Example: Formal validity of marriage is governed by the law of the place of marriage
(celebration), Essential validity of marriage is governed by law of the place of domicile of the
parties.
Rule Selection - It emphasises a choice between different substantive rules of law of a legal
system application of which in-turn lead to a balancing of the respective interests
involved.
 Example: The court examine the policy behind substantive law which is applicable in
the dispute and the interest of the federal unit in retaining the policy or which is
served by such policy and based on such analysis the court decide the dispute.
It emphasises a choice between difference substantive rules of law of a legal system
application of which in-turn lead to balancing of the respective interest involved.
Generally applicable in disputes between peoples belonging to two or more different
federal unit of a single State.
Theories based on Rule selection approach are: Government Interest Analysis Theory
and Comparative Impairment Theory
It requires the court to apply the law of the choice of law rule irrespective of the
content of the particular rule of law there by selected.
Applicable in disputes between peoples belonging to two or more different States.
Theories based on Jurisdiction selection approach are: Theory of Acquired Right or
Vested Right Theory and Local Law Theory.

ANSWER:4
Legitimate Expectations - One of the main reasons for States to have a system of private
international law is the reasonable and legitimate expectations of the parties.
Completely disregarding foreign laws and decisions, or even the willingness to entertain
international cases, would lead to injustices for the parties involved in such
international proceedings.
Harmony of Decisions - Another important objective of private international law is the
international harmony of decisions. This classic goal of private international law was
first introduced by Von Savigny. It entails that countries should strive to reach the
same decisions in problems of private international law.
Private International Law (PIL, or named Conflict of Laws in common law countries) is
mainly national law, dealing with civil cases involving foreign elements, the theories and
rules of which will be taught in this course only. Although the legal sources of PIL will
mostly be found in domestic legislation, this course helps students develop an international
and comparative perspective, and it is sure to benefit their future legal practice and further
pursuit of legal studies.
There are three specific objectives for those taking this course:
1.Being familiar with legal terms, significant theories, and basic legal rules and principles of
PIL
2.Grasping the way of dealing with PIL disputes and cases in China
3.Knowing about the PIL of some major countries abroad

ANSWER:5
Private international law is concerned with three main issues.
The first issue with which one may be faced in a case with a foreign element is the
determination of
jurisdiction issue: which court is competent to hear such an international case? Often referred
as the 'choice of forum' or 'choice of jurisdiction' issue: If, for example, a conflict arises
concerning a contract between English company and a Dutch company, should this
issue be brought before a court in England or the Netherlands?
The second issue that could arise after a decision on the competent court has been made is
determination of the substantive law governing the dispute, sometimes referred to as
the 'choice of (substantive) law' issue for example, English or Dutch law would be
applied to this case. Or, perhaps, the parties have chosen the law of a third country,
or a uniform international law may even apply to their dispute.
Finally, recognition and enforcement of judgment: after the case has been decided, it is
necessary to determine if, and under what circumstances, this decision can be
recognized and enforced in another country.
These three issues could be considered to be the nucleus of private international law, as it is
generally
accepted in most countries.
 Suppose you purchase a laptop in New York, but when you return to
India it turns out to be faulty. You want to have it replaced, as would be
your right against the retailer in Indian law, but the American retailer
refuses to respond. If the matter comes to court, whose laws should apply
those of India or those of the USA?
Suppose you go to live and work in the Middle East, meet someone and
have a child. If you later marry the person and return to live in India
whose laws determine the validity of the marriage and the legitimacy of
the child, Indian or the State where you lived in Middle East.

ANSWER:6
Public International law is the body of legal rules, which applied between Sovereign States
and other International Personalities. 
Public International law rules are outcome of International custom and treaties.
Public International law is enforced by international pressure and fear for example –
breakage of diplomatic relations, sanctions etc.

In public International Law there is no Predetermined Court.

Public International Law is same for all the States.

Conflict of laws, often called Private International Law. Private International Law
regulating relationship between Private persons (Natural or Legal) of two different
States.
Private International law rules are framed by the State legislature.

Private International Law is enforced by the concerned State executive.

In private International Law courts are predetermined.

Private International Law differ from state to state.

As to Scope: Public international law has wider scope, it is of universal character. Private
international law has lesser scope.
As to sources of Law: Public international law consists of the "customary and treaty rules
which are considered legally binding by states in their intercourse with each other". Private
international law has its sources in the legislation of the individual states to which the
litigant belongs.
As to Consent: The sources of public international law develop with the consent of the
States either expressed or tacit but in case of private international law consent is not an
essential element to determine the sources of law.
No State may invoke a rule of domestic law to avoid its international obligations. This is
clarified by the 1969 Vienna Convention, Article 27 on Internal law and observation of
Treaties, which is not the same in case of private international law.
As to application: Public international law applicable to criminal as well as civil cases.
Private international law is applicable to civil cases only.
As to Conflict of Law: Public international law does not involve in conflicts of laws
situation. Private international law provides a solution where there is conflict of laws
applicable in a particular dispute.
As to Jurisdiction: Public international law does not involves determination on the question
of appropriateness of jurisdiction though it may address the issue of jurisdiction of the
forum/court. Private international law determines courts which will be appropriate to
exercise the jurisdiction in the concerned dispute.