CONFLICT OF LAWS

is defined as rules and regulations of general application dealing with the conduct of states and of international organizations and their relations inter se, as well as their relations with persons, whether natural or juridical.

• PUBLIC INTERNATIONAL LAW

• PRIVATE INTERNATIONAL LAW

• INTERNATIONAL LAW

• ALL OF THE ABOVE

governs the relationship of states and international entities.

• INTERNATIONAL LAW

• PRIVATE INTERNATIONAL LAW

• PUBLIC INTERNATIONAL LAW

• ALL OF THE ABOVE

TRUE OR FALSE:

PUBLIC International Law – comprehends laws regulating private interactions across national frontiers. It deals with conflict of laws among the laws of two or more states and necessitates a determination of which municipal law applies to the case.

• TRUE

• FALSE

FILL IN THE BLANK:

Objective of the Subject:

_________ of the laws of the several states whenever conflicts of law situation exists.

TRUE OR FALSE;

As to subjects

Public International Law is based on International conventions, international custom, the general principles of law recognized by civilized nations, and judicial decisions and the teachings of the most highly qualified publicists if various nations.

• true

• false

FILL IN THE BLANK:

The most important component of a conflicts of law problem is the presence of a ______ element.

FILL IN THE BLANK:

For a court to validly exercise its power to adjudicate a controversy, it must have _____ over the plaintiff or the petitioner

 Steps in Determining Applicable Law

Characterization & _______ factors

This asks the question whether the application of a substantive law which will determine the merits of the case is fair to both parties. It is not necessary that the chosen law be local law, so long as the choice of the law does not violate the public policy of the laws of the forum.

What principle is being described:

This indulges courts to engage in a governmental interests analysis, courts compare the laws and interests of two states, determine if there is really a conflict, and if a real conflict exists, apply the law of the state whose interest is more impaired.

• The protection of justified expectations

•   The relevant policies of other interested states and the relative interests of those states in the determination of the particular issue

• The basic policies underlying the particular field of law

• Certainty, predictability and uniformity of result