Naturally, we will not be able to discuss all the nuances of private international law in one review. It covers too large-scale problems that require scrupulous consideration. Nevertheless, we have enough space to reveal key features and its impact on modernity.
The Notion of Private International Law
The desire for order is inextricably linked with the law-making system, regulating debates between individuals. Globalization has opened up new horizons of interaction, allowing representatives of various nations not only to speak at a distance but to marry, raise children or simply work.
Whenever it comes to attracting a foreign element, a judge refers to private international law. Its dominant function is to ensure fairness and equality in the course of judicial proceedings. One of the first issues that an attorney faces is the choice of a competent magisterial institution. If a conflict arises between the Ukrainian and Romanian companies, the parties are thinking about the comfort and future solution.
The second contradictory point is whether to use the national legislative basis or attract a mediator. After the adoption of the resolution, there is another unpleasant moment, namely: under what circumstances it can be applied. It is the sounded nuances that are considered the core of the private international law.
Objectives of Private International Law
It should be noted that the nature of these approaches is procedural one, covering technical processes. Do not always refer to additional resources. For instance, in France, an item on citizenship is regarded as a component of the transnational law. In Switzerland, you may find the guidelines of multinational arbitration.
Among the reasons for the existence of such statements, which activate global jurisdiction, are called rational and legitimate expectations of partners. Full or partial ignoring of foreign decisions, or vice versa, their preference, will lead to feelings of dissatisfaction of one of the parties.
Specialists also mention the balance presented by von Savigny. Participants strive to seek mutual harmony, relying on legal accountability. Of course, such a purpose is hard to achieve because any player is free to select the means of realizing desires.
Perceiving foreign legislative acts as equivalent, states manage to evade the so-called chromization of relations when one side recognizes a verdict, while the other denies it. Do not forget that the observance of decency in the interests of the powers themselves.
Sources of Private International Law
The indicated category is distinguished by a variety of funds. Its canons can be seen both in the pages of domestic lawmaking and in the system of cross-border concordats. So, experts call the next forms:
- Internationalization of norms, especially for EU members. The fact is that a lot of particulars are set out in bilateral or multilateral treaties, which requires further clarification. This switching allows Europeans to sustain the image of legislators.
Some points are outside the scope of general concordats. Thus, the Netherlands expressed a desire to codify a number of statements from multinational practice. In England, certain rules are contained in charters and case law.
- The Hague Conference is rightly considered one of the most prominent organizations in a given field. It developed pacts on family relations and commerce.
It is worth remembering an existence of legal tools in the format of resolutions, which have been ratified by all participants in the process as the most important source of private international law. Similar initiatives involve the Brussels and Rome Conventions.
The Impact of Fundamental Rights on Private International Law
If the application of foreign decisions brings to the trampling of main human values, this threatens with a public political exception in order to detect a negative impact. Exceptions may be found in almost all official papers.
The procedure is allowed even in the absence of transnational regulators. Although some of the state nuances can be overlooked, not attaching importance to the forum. In fact, it is a matter of hierarchy regarding methods of influence. Here the private international law comes into force, which opens the way for jural verdicts. Its flexibility is necessary for a reasonable consideration of transnational affairs.
As a rule, the policy of counties in terms of values is characterized by abstractness, chaos, and blurriness. An akin uncertainty makes interpretation of some items difficult. You should add to this numerous mental features to comprehend the complexity of exposing a crime.
A lot of papers point out that the protection of human rights is the responsibility of any sovereign power structure. The relative nature of this policy is due to the cultural characteristics and the high level of tolerance of the multinational community.
Its suspended position leads to the proximity of the voiced problem and the forum. In the event that the violation is not related to the tribunal’s reputation, one cannot invoke the unlawful action of the government. An exception is the extreme events prescribed in the legislation. I.e. the closer the connection, the more an involvement of stakeholders.
Thus, rules of private international law serve as a kind of corrective factor that restores the balance. It is able to change the state of affairs if foreign rights lead to a negative result. Its norms regulate the interests of citizens of different nationalities on the canons of equality and justice. Through them, they will not feel restrained, persisting in their legal struggle.