Pragati PIL

AMITY LAW SCHOOL
PUBLIC INTERNATIONAL LAW
Topic:Difference Between Public

International Law & Private
International Law
Submitted To: Submitted By:

Ms Adya Pandey Pragati Kumari
A8156123051
Introduction
There are differences between public international

law and private international law. The dynamics of
legal interactions span beyond domestic borders.
International law emerges as a pivotal realm that
governs these interactions, encompassing both
public and private dimensions.
Public International Law governs the relationships
between states, international organisations and
entities with global legal personalities, while
Private International Law, often known as Conflict
of Laws, navigates the intricate web of legal
conflicts involving individuals and entities across
diverse jurisdictions.
Meaning Of Public International Law
In the past, the main focus of international law was
on countries or states. Nowadays, international law
has changed from being mainly about individual
countries and their power to include other subjects
like people and groups. This type of law used type
of law used to be called “jus gentium” or the law of
nations.
Even though international law mainly deals with
how countries interact, it also involves individuals
and organisations. This is important because there
are big companies that make more money than
some countries do in a year. These companies can
even have more influence than some nations. They
form networks, work together and create rules for
themselves.
When these companies give up some control, they
can act like countries. This is especially true in
countries like the United States, where companies
can have a big role in making laws.
Meaning of Private International Law
Private International Law,also known as conflict of

laws, is a type of legal service used when different
sets of laws come into conflict on a specific matter.
It involves a set of rules that determine which legal
system and jurisdiction should be used to solve a
particular disagreement.
In the past, when India was under colonial rule, it
had various regions with their own cultures and
beliefs. This sometimes led to conflicts between
British laws and personal laws in India. Different
laws apply to people from different beliefs.
Before India gained independence and even
afterwards when it became a recognised nation, it
had different legal systems for British India and the
native Indian princely states. In the judicial system
of British India, judgments made by the courts of
princely states were seen as international
judgments. This caused conflicts between different
regions.
During the time when India was a British colony,
Indian merchants traded internationally, leading to
cases of legal disputes that had an international
aspect. India followed many British rules about
private international law because of its colonial
status. However, interestingly, even after gaining
independence, India has struggled to create
enough laws in the field of private international
law.
Difference Between Private and Public
International Law
The Nature of Law

Public International Law focuses on the
relationships between countries, international
organisations and other entities that have legal
standing in the international arena. It deals with
important matters like the use of force, diplomatic
privileges, human rights, global trade and the rights
and responsibilities of countries when they
interact. All nations are required to follow this type
of law, which is considered either customary or
based on treaties.
However, there is a difference between differences
public and private international law in terms of the
nature of these laws. Private International Law
handles the legal connections among private
individuals, businesses and other entities that do
business across different countries. It deals with
issues such as acknowledging and enforcing
judgments from foreign countries, choosing which
laws apply and deciding which jurisdiction is
appropriate. While countries are not bound by
The Nature of Law
Private International Law, their national legal
systems recognise it as a set of rules and principles
that govern international transactions.
As a result, Private International Law and Public
International Law have distinct legal foundations,
guiding principles and ways of making sure they are
followed. Private International Law relies on the
laws of individual countries, international
agreements and the principles of comity. Public
International Law is mainly built upon treaties and
established practices. Private International Law is
enforced through domestic courts and arbitration,
while Public International Law is enforced through
diplomatic means, international courts and
tribunals and sometimes economic actions like
sanctions.
Scope of the Law
Private International Law focuses on resolving

legal conflicts and providing certainty to parties
involved in transactions that cross borders. Its main
goal is to prevent disagreements between different
legal systems that apply to a particular dispute. It
does this by creating a framework to bring these
legal systems into harmony. This field covers
various important legal topics, including:
1. Jurisdiction: Private international law decides
which legal authority has the right to hear a case
when parties come from different countries.
2. Choice of law: Private international law
establishes rules for determining which set of laws
should be used to resolve a question involving
parties from different legal jurisdictions.
3. Enforcement and recognition of foreign
judgments: Private international law outlines the
conditions under which decisions made in one
country can be accepted and enforced by courts in
another country.
Public international law, on the other hand, deals
with a broad range of international relations and
global governance issues. Hence, the difference
between differences public and private
international law arises in terms of the scope of
these law.
Public international law includes several important
subjects:
1. State sovereignty: Public international law
manages how states interact with their rights and
responsibilities. It covers topics like the use of
force, creating and ending treaties and recognising
new states.
2. International human rights: Public
international law establishes a system for
protecting human rights globally. It sets up
international organisations to oversee and enforce
human rights standards, including how individuals
like refugees and asylum seekers should be
treated.
3. International trade: Public international law
guides the actions of both states and international
organisations in trade and investment. It covers
areas like intellectual property rights, trade
barriers, tariffs and protecting investments.

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AMITY LAW SCHOOL

PUBLIC INTERNATIONAL LAW

Topic:Difference Between Public

Submitted To: Submitted By:

There are differences between public international

Private International Law,also known as conflict of

The Nature of Law

Private International Law focuses on resolving

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