The appearance in the world history of states necessitated the creation of a special mechanism that would effectively regulate relations in the societies of countries. For a long time, people could not find such a source of power. In addition, the whole process was significantly complicated by the emergence of new forms of government, which were based on any ideology or religion and violence. In other words, state power in most cases was built from a position of strength. But that all changed with the advent of law. The banal set of moral standards legitimized by the authorities of the state was able to effectively control and, most importantly, coordinate social relations. Today, law is a key regulator of social interaction in all countries.
Moreover, there are various branches of law that direct their action to homogeneous legal relations. A rather specific area of coordination is international relations. They are governed by international law. It should be noted that this industry is structured. It includes international
private and public law. Despite the independence of these elements, their relationship in the scientific community has been debated for many years, which has led to the emergence of a large number of theories on this subject.
The concept of the international branch of law
Today, there are many different areas of regulation. The effect of their legal norms is directed to an object that is based on social relations of a certain type. The ratio of international law and private international law in this case should be considered only as part of the industry, the elements of which they are. Such today is the international sphere of regulation. It is a set of norms enshrined in special interstate acts regulating the interaction between certain entities with the mandatory presence of a foreign element. In other words, international law regulates not only relations directly between certain states. Its subject may well be intergovernmental and private organizations, etc.
The structure of the international legal industry
Any area of regulation has its own internal system. Such problems as the correlation of international law and private international law proves the fact of the structuredness of the industry of the same name. The concept of his system has been developed for a long time. Of course, this issue is not enshrined in any normative act. Therefore, the existing theory of the structure of international law is entirely doctrinal. Thus, the system includes:
- private international law (MPP) ;
- international public law (MPP);
- supranational law.
The key categories, as we understand it, are the first two. The last element today is quite rare, in addition, its existence is disputed in the scientific community. The interrelation of the MCHP and WFP excites the minds of many scientists for a long time, because this issue directly affects the process of regulating legal relations between states. Therefore , no one considers the correlation of private international law and comparative law, as well as other similar problems, because it is impractical from the point of view of practical use.
WFP concept
The correlation of international law and private international law is a problem that requires a rigorous analysis of all the features of these legal sectors. Indeed, in the process of deriving any common or distinctive features, it is necessary to understand their relationship. Thus, WFP is not just an industry, but a whole legal system that regulates specific relations between countries directly, as well as world organizations. The subjects of this sphere can also include governmental and non-governmental organizations, unions, orders, free cities, etc. The key sources of WFP are treaties to which the powers are parties, as well as general legal principles and customs.
Industry Specific Features
It should be noted that the ratio of international law and private international law indicates the exceptional independence of these areas of regulation. The public industry in this case has a lot of interesting features. They, in turn, clearly separate international law from the same private and, most importantly, national. Scientists distinguish three main distinguishing features of MPP:
- The norms of international public law appear in the process of joint expression of will of the subjects of this sphere of regulation.
- WFP coordinates relations that extend to the territory of many foreign countries.
- Matters directly addressed by public international law are important for several countries or the entire international community.
Thus, WFP is a unique industry, which regulates rather specific relations. It should be noted that the structure of this sphere includes a large number of different sub-sectors. For example, the MPP system distinguishes: international humanitarian, space, maritime, criminal law, etc.
Features of MCHP
The very fact of the existence of MCHP has long been denied by many scientists. This position existed due to the fact that private law as such was created to regulate relations of the same name. In turn, WFP is a branch of public law that affects public interests. Nevertheless, this fact cannot deny the increasing level of cooperation of entities that are in the field of private legal industries. In other words, it is impossible, for example, to “discard” the fact of concluding agreements between representatives of foreign economic activity. Thus, an MPP is a set of norms of national legislations of certain states, treaties in the field of international trade, and customs that regulate private law relations complicated by the presence of a foreign element. In other words, this is a complex phenomenon that occurs in the process of interaction of certain subjects.
Correlation of national law and private international law
So, we found out that MPP, unlike MPP, is not an independent industry, but a kind of “mix” that is gradually created by the subjects of relations of a certain kind. Of course, there are certain established sources of this phenomenon, which will be discussed later. Nevertheless, a rather close correlation of private international law and domestic law should be noted. The basis of the second category are national regulatory systems of certain countries. The bottom line is that the PPM appeared in the process of the common activities of private law entities of different countries. The development of the global market from the 20th to the 21st centuries entailed an even greater evolution of the industry mentioned in the article. The correlation of national civil and international private law also manifests itself in the fact that a change in the first branch entails immediate “metamorphoses” in the second. This fact is positive, because it allows the PME to evolve in time.
Sources of Private International Law
There is an extensive series of phenomena that contain norms that directly regulate relations in the field of MPP. Key sources of PPM include:
- customs
- agreements between subjects of world trade activity;
- arbitration and judicial practice.
It should be noted that some sources also relate to the sphere of regulation of international public law. This fact shows a high level of interaction of the legal sectors presented in the article.
The ratio of private international law and public
Of course, when considering MPP and MPP, one cannot ignore the features of their relationship. One of the points of view is the most relevant today. According to its adherents, international private and public law are the structural elements of an indivisible legal system that regulates the interaction between certain entities.
At first glance, this statement is absurd. However, the ratio of private international law and customs law shows the consistency of the theory. These industries are most closely related when it comes to the process of world trade between countries. The bottom line is that many of the principles of customs activity of most countries have come into this sphere of regulation through agreements between the entities of the MCHP.
Conclusion
So, we examined the relationship between private international law and public law, as well as the relationship of the private law with national systems of different states. It should be noted that the questions presented still require scientific refinement, since their practical application depends on this.