دانلود کتاب مرزهای مبهم حقوق بین الملل عمومی و خصوصی

Public International Law and Private International Law (or Conflict of Laws) are taught in most law schools as separate subjects. Public International Law, we were told, deals with the conduct and the relation between States or between States and international organisations. On the other hand, Private International Law deals with private legal relations between citizens or corporations in two different countries, being international contracts, inter-country marriages, international torts, etc. We were told the term “Private International Law” is a misnomer as in reality it is nothing more than a branch of domestic law dealing with cases involving foreign elements. As part of national law, sources of private international law can be found in domestic sources depending on the legal system, either in statutes or in case laws or in combination of both. On the other hand, sources of public international law are those listed in Article 38 of the Statute of International Court of Justice, namely international conventions, international customary law, general principles of law recognised by civilised nations, judicial decisions and teachings of highly qualified publicists. Disputes between citizens or corporations of different countries are settled in a typical court system, either by a jurisdiction agreement or otherwise, or by other alternative dispute resolution mechanisms, such as arbitration. On the other hand, disputes between States will be resolved through political means and other diplomatic channels, if not through the International Court of Justice (ICJ). Even so, a trace of history and evolution of public international law and private international law revealed to us that they indeed originated from the same sources. Contemporary practices revealed to us that any clear distinction between them becomes unreal. A good example is in the realm of the international sale of goods which traditionally falls within the ambit of private international law. A steady increase in the number of Member States to the United Nations Convention on Contracts for the International Sale of Goods (Vienna, n1980) (“CISG”) is a sign that more countries are adopting the use of public international lawmaterials, namely treaties, to harmonise and solve private international law issues. Indeed, the major parts of the work of international organisations such as the United Nations Commission on International Trade Law (UNCITRAL) or the Hague Conference on Private International Law(HCCH)are about solving private international lawissues via international conventions. On the other hand, in the realm of international investment law which traditionally falls within the public international law space, increasing resort to investment arbitrations by the parties has since brought this field of law in closer interaction with private international law. At the time of working on this book, the global pandemic, namely the COVID-19, still bring challenges to international community and to us all. Different restrictions and preventive measures adopted in different countries bring fresh perspectives and issues on both public international law and private international law. The overall aim of this book, as its title indicates, is to contribute to on-going debates whether there is a sufficient merge or convergence of public international law and private international lawsuch that treating them as separate subjects or disciplines becomes unjustifiable. This book adds to such debates in four themes. The first theme examines historical and theoretical considerations of the boundary between public international law and private international law. The second theme looks closer at the rising trend of harmonisation of private international law by public international law instruments and consists of evaluation of processes, problems and effectiveness. In the third theme, some case studies and analysis of intersectionality between public international law and private international law are presented. Finally, the last theme focuses on the future trends in relationship between public international law and private international law. In working on this book, the editors are proud that this project provides a venue for emerging scholars in both public international law and private international law fields to showcase their research, in addition to chapters contributed to by more established researchers. The editors are also proud of geographical representations in this book with authors based in North America, Asia, Australasia, Europe, etc., which give this book true international flavour. To this end, the editors would like to thank Springer Nature Pte Ltd., especially Nupoor Singh, who has been supportive throughout the process of production of this book. The editors would also like to thank our friend and also one of the contributors in this book, Dr. Sai Ramani Garimella, who connected us together.