Correlation of international public and private international law. Similarities and differences between international private and public law

Throughout its existence, mankind has sought the most acceptable regulator of social relations. Its creation was necessary for the more successful organization of the work of large groups of people. During the long search, violence and religion were tested. Initially, these categories proved to be very effective. But over time it became clear that violence only acts on a frightened society, and religion only on believers. Therefore, people began to pay more and more attention to the law, which always existed.

To date, this category is a rather cumbersome system of provisions, which is divided into institutions and sub-sectors. At the same time, there are specific spheres of law regulation, whose competence includes rather specific relations. One of them is today 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 21st century the industry is very effective and, most importantly, has its own structure. In the framework of this sphere 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?

The mutual activity of states existed at all times. At the same time, countries carried out international activities in the field of wars, trade, economy, etc. In this case, the legal regulation of such cooperation existed already in antiquity. Its initial form was the treaties concluded between the countries. Of course, initially agreements of this kind had a very banal character. But with the development of the state system and the legal systems of many countries, international treaties have become more literate. Subsequently, agreements between countries took the form of an integral structure or a legal source. This allowed us to talk about the existence of an international legal branch that regulates activities in the sphere of interaction between countries. The key moment in the development of international law is the mid-twentieth century, when organizations such as the United Nations appear in the world.

Industry structure

International law is a very cumbersome structure. It can be divided into sub-sectors and institutions. However, there are two most important elements, the formation of which took many years. Thus, the key structural parts of the industry are:

• Private international law (IPP) ;
• International public law (WFP);

Both presented elements have their own characteristics, signs and principles. However, scientists are most concerned about the interaction of international public and private international law. This problematic has been touched on for a long time in the works of many researchers. But for the competent allocation of key features of the institution of the relationship of sub-sectors, it is necessary to consider their characteristic features separately.

What is IPP?

International private law is not considered a sub-category 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 regulate relations of a civil character, complicated directly by a foreign element. In other words, IPP is not an independent industry. It is only a cumulative hybrid of a large number of interrelated legal norms.

Principles of IPP

The functioning of international private law is carried out on the basis of certain initial provisions. They determine the general specificity of the entire sub-sector. According to the widespread theory, there are the following principles of IPP, for example:

• Priority of public relations;
• The inadmissibility of de facto discrimination in trade relations with partners who are foreigners;
• Cooperation in all spheres of trade and entrepreneurship;
• Peaceful settlement of all disputes arising, etc.

Of course, this list is not exhaustive, but it shows the main underlying points of the PPP.

Correlation of international public and private international law

It should be noted that WFP is a sub-category of the title category. In fact, it is directly international law in its classical form. It contains the main institutions and principles of this branch of regulation. The ratio of international public and private international law is carried out only in certain moments. For example, the IPP regulates relations in the sphere 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 a public sphere.

Another good example is the fundamental provisions. The bottom line is that the principles of the MPP dictate the conditions for all related industries, one of which is the IPP. Thus, the activities of its subjects can not in any way contradict the basic provisions of the title branch of law.

The correlation of international public and private international law is also traced in the activities of world organizations. These structures can join each other in trade relations. But their creation takes place within the framework of the norms of the classical international industry.

Evaluation of categories

So, considering all the above-listed points, we can identify the most characteristic features of both categories. The similarity of international private and international public law is seen in the presence of a foreign element. That is, both categories regulate 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 relates. The differences in these industries are seen in:

• The existence of different principles;
• The existence of different sources;
• Competence of regulation of public relations, etc.

Of course, the correlation of international public and private international law is concluded 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 the international private and international public law is. Comparison of these categories showed a lot of specific points. But with certainty it can be stated that both phenomena will be developed for many years, since there is simply no unambiguous answer to the problematic of their correlation.