Throughout its entire existence, mankind has sought the most acceptable regulator of social relations. Its creation was necessary for more successful organization of work of large groups of people. Through a long search, violence and religion were tested. Initially, these categories proved to be very effective. But over time, it became clear that violence only affects a frightened society, and religion only affects believers. Therefore, people began to pay more and more attention to the law, which always existed.
Today, this category is a rather cumbersome system of provisions, which is divided into institutions and sub-sectors. Moreover, there are specific areas of law regulation, the competence of which includes rather specific relations. Among these, today you can rank the international industry. Its modern appearance is relatively young, since in ancient times the concept of "international law" simply did not exist. But in the XXI century, the industry is very effective and, most importantly, has its own structure. Within this area of regulation, international private and public law operates . The peculiarity of the correlation of these categories excites the minds of scientists for many years.
What is international law?
Mutual activities of states have existed at all times. At the same time, countries carried out international activities in the field of wars, trade, economics, etc. In this case, the legal regulation of such cooperation existed already in antiquity. Its original form was the treaty concluded between the countries. Of course, initially agreements of this kind were very banal. But with the development of the political system and legal systems of many countries, international treaties began to take on a more literate form. Subsequently, agreements between countries took the form of a holistic structure or legal source. This made it possible to talk about the existence of an international legal industry that regulates activities in the field of interaction between countries. A key moment in the development of international law is the middle of the 20th century, when organizations such as the United Nations appear in the world.
Industry structure
International law is a very cumbersome structure. It can be conditionally divided into sub-sectors and institutions. However, there are two of the most important elements, the formation of which took many years. Thus, the key structural parts of the industry are:
- private international law (MPP) ;
- international public law (MPP);
Both elements presented have their own characteristics, signs and principles. However, scientists are most concerned about the interaction of international public and private international law. This issue for a large amount of time was addressed in the work of many researchers. But to correctly highlight the key features of the institute of the ratio of sub-sectors, it is necessary to consider their characteristic features separately.
What is MPP?
Private international law is not considered a sub-sector of the title category. The thing is that this sphere of regulation is a set of legal norms of official domestic and international acts that govern civil relations complicated directly by a foreign element. In other words, MPP is not an independent industry. It is only an aggregate hybrid of a large number of interrelated legal norms.
Principles of MCHP
The functioning of international private law is based on certain initial provisions. It is they who determine the general specifics of the entire sub-industry. According to a common theory, the following principles of MCH exist, for example:
- priority of public relations;
- inadmissibility of actual discrimination of trade relations with partners who are foreigners;
- cooperation in all areas of trade and entrepreneurship;
- peaceful settlement of all disputes arising, etc.
Of course, this list is not exhaustive, however, it shows the main fundamental points of MCHP.
The ratio of international public and private international law
It should be noted that the WFP is a sub-sector of the title category. In fact, it is directly international law in its classical form. It contains the main institutions and principles of this industry regulation. The correlation of international public and private international law is carried out only in some moments. For example, the EMP regulates relations in the field of trade between foreign entities. However, trade itself is possible only if certain agreements are concluded between specific states, which, in turn, are the subject of the public sphere.
Fundamentals are another excellent example. The bottom line is that the principles of MSP dictate the conditions to all related industries, one of which is the MPP. Thus, the activities of its subjects can in no way contradict the basic provisions of the title branch of law.
The correlation of international public and private international law is also evident in the activities of world organizations. These structures may enter into trade relations with each other. But their creation takes place within the framework of the norms of the classical international industry.
Rating categories
So, given all the previously listed points, we can highlight the most characteristic features of both categories. The similarity of private international and public international law is visible in the presence of a foreign element. That is, both categories govern relations in which the parties do not belong to the same state. However, there is a different view on the problem of how international private and public law is related. Differences between these industries are visible in:
- the presence of different principles;
- the existence of different sources;
- competences of regulation of public relations, etc.
Of course, the ratio of international public and private international law is not only in the distinctive and similar features of these categories. However, these moments most fully characterize both phenomena.
Conclusion
So, in the article we tried to find out what constitutes international private and international public law. Comparison of these categories showed many specific points. But with confidence it can be argued that both phenomena will be developed for many more years, since there is simply no clear answer to the problems of their relationship.