Letters to "The Times" upon War and Neutrality (1881-1920) by Thomas Erskine Holland
page 59 of 300 (19%)
page 59 of 300 (19%)
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wrongfully affected.
The so-called "private international law," better described as "the conflict of laws," deals, in reality, with the rules which the Courts of each country apply, apart from any international obligation, to the solution of questions, usually between private litigants, in which doubt may arise as to the national law by which a given transaction ought to be governed--e.g. with reference to a contract made in France, but to be performed in England. There is here a "conflict," or "collision," of laws, and it is decided in accordance with rules adopted in the country in which the litigation occurs. These rules have no "international" validity, and the term is applied to them, merely in a popular way, to indicate that a Court may have in some cases to apply the law of a country other than that in which it is sitting. The unfortunate opposition of "public" to "private" international law has to answer for much confusion of thought. "International law," properly so called, has, of course, no need to be described as "public" to distinguish it from rules for solving the "conflicts" of private laws, which are "international" rules only in the sense that laws are sometimes applied in countries other than those in which they are primarily binding. I am, Sir, your obedient servant, T. E. HOLLAND. Oxford, December 19 (1918). NOTES - 1: Writer's names are omitted as immaterial. - 2: _Infra_, p. 70. |
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