Difference between public and private international law is viewed as two aspects of traditional law. International Public Law is also known as the Law of Nations whereas International Private Law is known as the Law of Conflicts and these laws are deals with the rules for the governance of sovereign states.

In the International Laws, these are separate two types of law;

  1. Public International Law
  2. Private International Law

In this article, we will discuss the difference between private and public international law, their nature and scopes and theories.


difference between public and private international law, difference between priavte and public international law, international private law, nature and scope of public international law, nature and scope of private international law, sources of public internatioanl law, sources of private international law, public and private international law, difference between private international law and public international law, theories of public international law, theories of private international law,

Nature and Scope of Public International Law

In Public International Law, the main subject is the State (i.e. Nation).  Hence, international public law is also known as the Law of Nations. Public international law is nothing but the body of legal rules which is being applied between the Sovereign States and other international authorities.

The body of rules regulating the relations between the sovereign states was known as jus gentium or Law of Nations. Public international law is primarily concerned with the relations between sovereign States but also subjected to individuals and organizations in the States.

Nature and Scope of Private International Law

In Private International Law, the main subject is the private person (i.e. an individual).  Hence, international private law is also known as the Law of Conflicts. These private international laws are applied where there is a conflict between the private person with the Sovereign State.

It is the branch of legal services where the procedural rules of this are applied to determine which legal system and jurisdiction shall apply to a particular conflict between the private person and the Sovereign State.

Difference Between Public and Private International Law

The public and private international law are the procedural law where it is applied to resolve the dispute between the State and State or the private person and State.

Let’s discuss the difference between private international law and public international law;

Public International Law Private International Law

Public international law is a body of rules applied in the conflicts of Sovereign States.

Private international law is a procedural rule applied in the conflicts of private persons and Sovereign states.

Public international law is also known as the Law of Nations.

Private international law is also known as Conflicts of Laws.

Public international laws are the outcome of International customs, traditions and treaties.

Whether the international private laws are framed by the State Legislature.

These types of laws are enforced where there is international pressure or fear.

These types of laws are enforced by the State Executive.

In the public international laws, the courts are not predetermined.

Where, in the private international laws, the courts are predetermined.

Public international laws are similar to all States.

Whether the private international may differ from State to State.

In the case where the conflict is at the international level then the Sovereign States must look beyond the domestic laws. The international laws are applied where the domestic trial result in injustice because it is in conflict with foreign laws.

Referred Books:

  1. International Law and Human Rights – 22nd Edition 2021 by Dr. S.K. Kapoor
  2. Public International Law by S.R. Myneni
  3. Private International Law by S.R. Myneni

Similar Posts

Leave a Reply

Your email address will not be published.