/ / Correlation of international law and private international law: briefly about the main

Correlation of international law and private international law: briefly about the main


The appearance in the world history of states entailedthe need to create a special mechanism that would effectively regulate relations in the socium of countries. For a long time people could not find such a source of power. In addition, the whole process was significantly complicated by the emergence of new forms of governance, which were based on an ideology or religion and violence. In other words, state power in most cases was built from a position of strength. But everything changed with the advent of law. The banal set of moral norms, legalized by the powers of the state, was able to effectively control and, most importantly, coordinate public relations. To date, law is the key regulator of social interaction in all countries.

correlation between international law and private international law
At the same time, there are various branches of law,which direct their effect on a homogeneous legal relationship. Quite a specific area of ​​coordination are legal relations of the international type. They are regulated by international law. It should be noted that this industry is structured. It includes international private and public law. Despite the independence of these elements, their relationship in the scientific community has been controversial for many years, which led to the emergence of a large number of theories on this subject.

The concept of international law

To date, there are many differentspheres of regulation. The effect of their legal norms is directed to an object that is based on public relations of a certain type. The correlation of international law and private international law in this case should be considered only in the structure of the industry, of which they are the elements. This is today the international sphere of regulation. It is a set of norms enshrined in special interstate acts governing the interaction between certain entities with the mandatory presence of a foreign element. In other words, international law regulates not only relations directly between certain states. Its subject may well be intergovernmental and private organizations, and so on.

correlation of national law and private international law

Structure of the international legal branch

Any sphere of regulation has its own internalsystem. Such problems as the correlation of international law and private international law, proves the fact of the structure of the same industry. The concept of his system was developed for a long time. Of course, this problem is not fixed in any normative act. Therefore, the existing theory of the structure of international law is entirely doctrinal. Thus, the system includes:

  • private international law (IPP);
  • international public law (WFP);
  • supranational law.

The key categories, we understand, arefirst two. The last element to date is quite rare, in addition, its existence is disputed in the scientific environment. The relationship between IPP and WFP excites the minds of many scientists for a long time, because this problem directly affects the process of regulating legal relations between states. Therefore, the ratio of private international law and comparative law, as well as other similar issues, no one considers, because it is inappropriate from the point of view of practical benefit.

The concept of MPP

Ratio of international and international lawprivate law - this is a problem that requires a thorough analysis of all the features of these legal sectors. After all, in the process of deriving any common or distinctive features it is necessary to understand their relationship. Thus, WFP is not just an industry, but a whole legal system that regulates specific relations between countries directly, as well as world organizations. Among the subjects of this sphere are also governmental and non-governmental organizations, unions, orders, free cities, etc. The key sources of WFP are the treaties to which the powers are parties, as well as general legal principles and customs.

Specific features of the industry

It should be noted, the ratio of internationallaw and private international law testifies to the exclusive independence of these spheres of regulation. The public industry in this case has a lot of interesting features. They, in turn, clearly separate international law from the self-same private and, most importantly, national. Scientists distinguish three main distinguishing features of MPP:

  1. The norms of international public law appear in the process of joint expression of the will of the subjects of this sphere of regulation.
  2. WFP coordinates relations that extend to the territory of many foreign states.
  3. Issues directly affected by public international law are important for several countries or the entire international community.

Thus, WFP is a unique industry,which governs a rather specific relationship. It should be noted that the structure of this sphere includes a large number of different sub-sectors. For example, the WFP system identifies: international humanitarian, space, maritime, criminal law, etc.

correlation of private international law and customs law

Features of IPP

The mere fact of existence of the PPP for a long time was deniedmany scientists. Such a position existed because private law as such was created to regulate the same-named relations. In turn, WFP is a branch of public law that affects public interests. Nevertheless, this fact can not deny the increasing level of cooperation of entities that are related to the sphere of private legal branches. In other words, it is impossible, for example, to "cast aside" the fact of concluding contracts between representatives of foreign economic activity. Thus, IPP is a set of norms of national legislations of certain states, treaties in international trade, customs that regulate private law relations, complicated by the presence of a foreign element. In other words, this is a complex phenomenon that arises in the process of interaction of certain subjects.

correlation of private international law and national law

Correlation of national law and private international law

So, we found out that the MCHP, unlike the WFP, -this is not an independent industry, but a kind of "mix", gradually created by the subjects of a certain kind of relationship. Of course, there are certain established sources of this phenomenon, as will be discussed later. Nevertheless, it is necessary to note a fairly close correlation of private international law and domestic law. The basis of the second category is the national systems of regulation of various countries. The bottom line is that the IPP appeared in the process of general activity of the subjects of private law of different countries. The development of the world market in the period from the 20th to the 21st century led to an even greater evolution of the industry mentioned in the article. The correlation of national civil and international private law also manifests itself in the fact that a change in the first sector entails immediate "metamorphoses" in the second. This fact is positive, because it allows the IPP to evolve in time.

Sources of private international law

There is a wide range of phenomena that contain norms directly regulating relations in the field of IPP. Key sources of IPP include:

  • customs;
  • agreement between the subjects of the world trade activity;
  • arbitration and judicial practice.

ratio of national civil and private international law

It should be noted that some sourcesalso belong to the sphere of regulation of international public law. This fact shows a high level of interaction presented in the article of legal industries.

Correlation of private international law and public

Of course, when considering IPP and MPP,take into account the features of their relationship. One of the points of view is the most relevant today. According to her adherents, international private and public law are the structural elements of an indivisible legal system that regulates the interaction between certain actors.

correlation of private international law and comparative law

At first glance, this statement isabsurd. However, the correlation of private international law and customs law shows the logic of the theory. These industries are most closely related, if we talk about the process of world trade between countries. The bottom line is that many principles of customs activity of the majority of countries came into this sphere of regulation by means of agreements between the subjects of the IPP.

correlation of private international law

Conclusion

So, we have examined the correlation between internationalprivate law and public law, as well as the relationship between IPP and national systems of different states. It should be noted that the submitted questions still require scientific refinement, since their practical application depends on this.

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