الاتجاهات العالمية الدوليّة والوطنية المحلية في القانون الدولي الخاص

Abstract

Private international law (PIL) governs private legal relationships with international attributes, distinguishing it from domestic private law, which regulates national private relationships, and public international law, which pertains to state interactions. PIL can be viewed from two distinct viewpoints, unlike other legal domains. It may be seen as a domestic law of a State that is both enforced and maintained. Simultaneously, it might be considered a legal system with global jurisdiction transcending national borders. Consequently, legal scholars hold divergent opinions on its universal or national dimensions, resulting in three principal interpretations. One perspective posits that private international law is intrinsically international, categorizing it as a subdivision of public international law. Another viewpoint rejects the notion of internationalism, perceiving it as only an element of domestic state law. The third approach asserts that private international law constitutes a hybrid legal system incorporating international and domestic components.