Conflict of laws (also called private international law) is the set of rules or laws a jurisdiction applies to a case, transaction, or other occurrence that has connections to more than one jurisdiction. This body of law deals with three broad topics: jurisdiction, rules regarding when it is appropriate for a court to hear such a case; foreign judgments, dealing with the rules by which a court in one jurisdiction mandates compliance with a ruling of a court in another jurisdiction; and choice of law, which addresses the question of which substantive laws will be applied in such a case. These issues can arise in any private law context, but they are especially prevalent in contract law and tort law.
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👉 Conflict of laws in the context of Domicile (law)
In law and conflict of laws, domicile is relevant to an individual's "personal law", which includes the law that governs a person's status and their property. It is independent of a person's nationality. Although a domicile may change from time to time, a person has only one domicile at any point in their life, no matter what their circumstances. Domicile is distinct from habitual residence, where there is less focus on future intent.
As domicile is one of the connecting factors ordinarily used in common law legal systems, a person can never be left without a domicile and a domicile is acquired by everyone at birth. Generally domicile can be divided into domicile of origin, domicile of choice, and domicile by operation of law (also known as domicile of dependency). When determining the domicile of an individual, a court applies its own law and understanding of what domicile is.
In this Dossier
Conflict of laws in the context of Maritime law
Maritime law or admiralty law is a body of law that governs nautical issues and private maritime disputes. Admiralty law consists of both domestic law on maritime activities, and private international law governing the relationships between private parties operating or using ocean-going ships. While each legal jurisdiction usually has its own legislation governing maritime matters, the international nature of the topic and the need for uniformity has, since 1900, led to considerable international maritime law developments, including numerous multilateral treaties.
Admiralty law, which mainly governs the relations of private parties, is distinguished from the law of the sea, a body of public international law regulating maritime relationships between nations, such as navigational rights, mineral rights, and jurisdiction over coastal waters. While admiralty law is adjudicated in national courts, the United Nations Convention on the Law of the Sea has been adopted by 167 countries and the European Union, and disputes are resolved at the ITLOS tribunal in Hamburg.
Conflict of laws in the context of International labour standards
International labour law is the body of rules spanning public and private international law which concern the rights and duties of employees, employers, trade unions and governments in regulating work and the workplace. The International Labour Organization and the World Trade Organization have been the main international bodies involved in reforming labour markets. The International Monetary Fund and the World Bank have indirectly driven changes in labour policy by demanding structural adjustment conditions for receiving loans or grants. Issues regarding Conflict of laws arise, determined by national courts, when people work in more than one country, and supra-national bodies, particularly in the law of the European Union, have a growing body of rules regarding labour rights.
International labour standards refer to conventions agreed upon by international actors, resulting from a series of value judgments, set forth to protect basic worker rights, enhance workers’ job security, and improve their terms of employment on a global scale. The intent of such standards, then, is to establish a worldwide minimum level of protection from inhumane labour practices through the adoption and implementation of said measures. From a theoretical standpoint, it has been maintained, on ethical grounds, that there are certain basic human rights that are universal to humankind. Thus, it is the aim of international labour standards to ensure the provision of such rights in the workplace, such as against workplace aggression, bullying, discrimination and gender inequality on the other hands for working diversity, workplace democracy and empowerment.
Conflict of laws in the context of Burgerlijk Wetboek
The Burgerlijk Wetboek (or BW) is the Civil Code of the Netherlands. Early versions were largely based on the Napoleonic Code. The Dutch Civil Code was substantively reformed in 1992. The Code deals with the rights of natural persons (Book 1), legal persons (Book 2), patrimony (Book 3) and succession (Book 4). It also sets out the law of property (e.g., ownership, possession, and security interests) (Book 5), obligations (Book 6) and contracts (Book 7), and conflict of laws (Book 10). Proposed amendments will add a Book on intellectual property.
The codification of laws is still being used in Indonesia as a pinnacle of the private laws besides Sharia law and custom laws. The laws initially applied only to Dutch settlers and foreign traders, such as Chinese traders, Indian traders and Arab traders during the Dutch colonial era in Dutch East Indies, but after the independence of Indonesia in 1945, the government decided to retain the old Dutch law, expanded in use to indigenous people and Muslims voluntarily. The 1992 reformed version does not apply in Indonesia.