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Differences between Public International Law and Private International Law

The differences between Public International Law and Private International Law are given below:

  • All states are subject to the same laws under Public International Law, while Private International Law varies between different states.
  • While Public International Law lacks a predetermined court, Private International Law operates with predetermined courts.
  • Enforcement of Public International Law relies on international pressure and fear, such as sanctions or breaking diplomatic relations. Private International Law, on the other hand, is enforced by the executive branch of the relevant state.
  • The rules of Public International Law are derived from international custom and treaties, while Private International Law rules are created by the legislative branch of the state.
  • Public International Law governs legal relations between sovereign states and other international entities, while Private International Law, also known as Conflict of Laws, regulates relationships between private individuals or entities from different states.
  • The application of rules in disputes between Sovereign States falls under the jurisdiction of Public international law. Private international law, on the other hand, deals with procedural rules in conflicts between private individuals and Sovereign states.
  • Public international law is commonly referred to as the Law of Nations, while Private international law is known as Conflict of Laws.
  • While Public international laws are derived from international customs, traditions, and treaties, the State Legislature is responsible for framing international private laws.
  • It is important to note that Public international law pertains to State law, while Private international law pertains to corporate international law.
  • Public International Law regulates the interactions between independent nations and global institutions, covering subjects like human rights, treaties, and diplomatic relations. On the other hand, the field of Private International Law deals with conflicts between individuals or organizations from different legal systems, specifically pertaining to topics such as contracts, family law, and torts.
  • Public International Law deals with legal matters that involve sovereign states, international organizations, and occasionally, individuals as subjects of international law. On the other hand, Private International Law encompasses legal disputes that involve private individuals, corporations, or entities as parties.
  • Public International Law is based on treaties, customary international law, and universal principles acknowledged by developed nations. In contrast, Private International Law utilizes the laws and agreements of individual countries to settle disputes arising from variations in legal frameworks.
  • Public International Law tackles matters that impact the global community as a whole, including peace and security, environmental conservation, and human rights. On the other hand, the main focus of Private International Law is to address disputes that arise due to variations in laws across various jurisdictions.
  • Public International Law often depends on treaties, conventions, and agreements between nations to establish legal standards and duties. On the other hand, the field of Private International Law deals with the implementation of particular legal regulations and principles in order to determine the appropriate jurisdiction for a particular case.
  • Public International Law relies on diplomatic measures, international tribunals (such as the International Court of Justice), and the collaboration of states to ensure enforcement. In contrast, enforcement in Private International Law is generally conducted by national courts, adhering to established principles of conflict of laws.
  • Public International Law covers issues of worldwide significance, such as national sovereignty, military action, and safeguarding human rights. On the other hand, Private International Law is a legal field that focuses on individual rights and obligations, such as agreements, ownership, and domestic issues.
  • In Public International Law, states take centre stage as the main players, with international law dictating their behaviour and obligations towards one another. On the other hand, when it comes to Private International Law, the emphasis is on the rights and duties of individuals and organizations operating across national borders, while states merely play a supporting role.
  • Public International Law allows for disputes to be settled in international forums, where states agree to the jurisdiction of international courts or tribunals. In contrast, Private International Law involves resolving disputes through national courts, which use conflict of laws principles.
  • Public International Law is often distinguished by its inflexible principles and established standards, which reflect the priorities and agreement of the global society. On the other hand, in Private International Law, regulations have the ability to be malleable and adjustable to fit the particularities of the situation at hand.

The variances emphasize the separate domains and purposes of public international law, which regulates the interactions between sovereign nations at a worldwide level, and private international law, which addresses private disputes across borders.

The differences between public international law and private international law highlight their distinct areas of impact and objectives. Private international law aims to resolve conflicts involving individuals and entities with ties to multiple legal systems, specifically concerning contractual and familial matters.

In contrast, public international law operates on a larger scale, regulating the relationships between sovereign states and global organizations. While private international law deals with specific cross-border disputes, public international law tackles broader issues such as peace and security, human rights, and the behaviour of nations in the international arena.

Written By: Md.Imran Wahab, IPS, IGP, Provisioning, West Bengal
Email: [email protected], Ph no: 9836576565

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