Nnamdi Ebo | NewsBlog

In my NewsBlog Nnamdi Ebo, I provide perspectives on news, events and analysis of unique stories, and I also offer original content, articles and photos; with contributions from some of the best minds.

Nnamdi Ebo | NewsBlog

In my NewsBlog Nnamdi Ebo, I provide perspectives on news, events and analysis of unique stories, and I also offer original content, articles and photos; with contributions from some of the best minds.

Nnamdi Ebo | NewsBlog

In my NewsBlog Nnamdi Ebo, I provide perspectives on news, events and analysis of unique stories, and I also offer original content, articles and photos; with contributions from some of the best minds.

Nnamdi Ebo | NewsBlog

In my NewsBlog Nnamdi Ebo, I provide perspectives on news, events and analysis of unique stories, and I also offer original content, articles and photos; with contributions from some of the best minds.

Nnamdi Ebo | NewsBlog

In my NewsBlog Nnamdi Ebo, I provide perspectives on news, events and analysis of unique stories, and I also offer original content, articles and photos; with contributions from some of the best minds.

 

Conflict of Laws

Conflict of laws: (or private international law) is that body of law by which the court in which the action is maintained determines or chooses which law to apply where a diversity exists between the applicable law of that court’s state [the forum state] and the applicable law of another jurisdiction interested in the controversy. It is also a difference between the laws of different states or countries in a case in which a transaction or occurrence central to the case has a connection to two or more jurisdictions.  

It is also a set of procedural rules which determine which legal system, and the law of which jurisdiction, applies to a given dispute. The rules typically apply when a legal dispute has a “foreign” element such as a contract agreed by parties located in different countries. The term conflict of laws itself originates from situations where the ultimate outcome of a legal dispute depended upon which law applied, and the common law courts manner of resolving the conflict between those laws. In civil law lawyers and legal scholars refer to conflict of laws as private international law. Private international law has no real connection with public international law, and is instead a feature of municipal law which varies from country to country.

The three branches of conflict of laws are:

  1. Jurisdiction – whether the forum court has the power to resolve the dispute at hand
  2. Choice of law – the law which is being applied to resolve the dispute
  3. Foreign judgments – the ability to recognize and enforce a judgment from an external forum within the jurisdiction of the adjudicating forum

Nomenclature

Its three different names – conflict of laws, private international law, and international private law – are generally interchangeable. The term conflict of laws is primarily used in jurisdictions of the Common Law legal tradition, such as in the United States, England, Nigeria, Canada, and Australia. Private international law (droit international privé) is used in France, as well as in Italy, Greece, and the Spanish and Portuguese speaking countries. International private law (internationales Privatrecht) is used in Germany – along with other German-speaking countries) – and Scotland. Within the federal systems where legal conflicts among federal states require resolution, as in the United States, the term conflict of laws is preferred simply because such cases do not involve an international issue. 

Hence, conflict of laws is a general term to refer to disparities among laws, regardless of whether the relevant legal systems are international or inter-state. The term, however, can be misleading when it refers to resolution of conflicts between competing systems rather than “conflict” itself. The term conflict of laws is usually used by common law countries, while for civil law countries, the term private international law is more appropriate. The term private international law was coined by American lawyer, jurist and Judge Joseph Story (1779–1845) who served on the Supreme Court of the United States from 1811 to 1845.

To be continued . . .
Note: This publication does not contain footnotes.
For footnotes please buy and read the book below.

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Legal Method . Book Cover 202x300 INFORMATION TECHNOLOGY LAWCulled from: Legal Method  Author: Nnamdi Ebo  |  Published by LawLords Publications  |  ISBN: 978-978-49827-9-6  | 1st Edition 2012
Buy the book, Legal Method  |  Click  Bookshop
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