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Conflict of laws
Preliminary matters
Characterisation  · Incidental question
Renvoi  · Choice of law
Conflict of laws in the U.S.
Public policy  · Hague Conference
Definitional elements
State  · Jurisdiction  · Procedure
Forum non conveniens  · Lex causae
Lex fori  · Forum shopping
Lis alibi pendens
Connecting factors
Domicile  · Lex domicilii
Habitual residence
Nationality  · Lex patriae
Lex loci arbitri  · Lex situs
Lex loci contractus
Lex loci delicti commissi  · Lex loci actus
Lex loci solutionis  · Proper law
Lex loci celebrationis
Choice of law clause  · Dépeçage
Forum selection clause
Substantive legal areas
Status  · Capacity  · Contract  · Tort
Marriage  · Nullity  · Divorce
Get divorce  · Talaq divorce
Property  · Succession
Trusts
Enforcement
Enforcement of foreign judgments
Mareva injunctions  · Anti-suit injunctions

The term State has several meanings in law:

  1. in private international law and conflict of laws, State can refer to a well-defined jurisdiction, with its own set of laws and courts. Conflict of laws (or private international law) is that branch of International law and intranational interstate law that regulates all Lawsuits involving In Conflict of Laws, characterisation is the second stage in the procedure to resolve a Lawsuit involving a foreign law element In the Roman Conflict of Laws, an incidental question is a legal issue that arises in connection with the major cause of action in a Lawsuit. In Conflict of Laws, renvoi (from the French, meaning "send back" or "to return unopened" is a subset of the Choice of law rules Choice of law is a procedural stage in the litigation of a case involving the Conflict of laws when it is necessary to reconcile the differences between the laws of The Choice of law rules in the Conflict of Laws in the United States have diverged from the traditional rules applied internationally Public policy is the body of fundamental principles that underpin the operation of legal systems in each state. The Hague Conference on Private International Law (or HCCH for Hague Conference/Conférence de la Haye is the preeminent organisation in the area of Private international law In Law, jurisdiction (from the Latin ius iuris meaning "law" and dicere meaning "to speak" is the practical Authority In all Lawsuits involving Conflict of Laws, questions of procedure as opposed to substance are always determined by the Lex fori, i In the Conflict of laws, lex causae ( Latin: Lex + Causa, "cause the law" is the law or laws chosen by the Forum court from In Conflict of Laws, the Latin term lex fori literally means the "law of the forum" and it is distinguished from the lex causae which is the law the Forum shopping is the informal name given to the practice adopted by some Litigants to get their Legal case heard in the Court thought most likely The principle of lis alibi pendens (literally "dispute elsewhere pending" applies both in municipal Public international law, and Private international law In Conflict of Laws, domicile (sometimes termed domicil in the U The lex domicilii is the Latin term for "law of the domicile" in the Conflict of Laws. In the Conflict of Laws, habitual residence is the standard civil law connecting factor used to select the Lex causae in cases characterised Nationality is a relationship between a Person and their State of Origin, Culture, association Affiliation and/or Loyalty The term lex patriae is Latin for the law of Nationality in the Conflict of Laws which is the system of Public law applied to The lex loci arbitri is the Latin term for "law of the place where Arbitration is to take place" in the Conflict of Laws. The term lex situs ( Latin) refers to the Law of the place in which Property is situated for the purposes of the Conflict of laws The lex loci contractus is the Latin term for "law of the place where the contract is made" in the Conflict of Laws. The lex loci delicti commissi is the Latin term for "law of the place where the tort was committed" in the Conflict of laws. lex loci actus law of the place where the act occurred that gave rise to the legal claim The lex loci solutionis is the Latin term for "law of the place where relevant performance occurs" in the Conflict of Laws. The Doctrine of the Proper Law is applied in the Choice of law stage of a Lawsuit involving the Conflict of Laws. The lex loci celebrationis is the Latin term for "law of the place where the marriage is celebrated" in the Conflict of Laws. A choice of law clause or proper law clause in a contract is one in which the parties specify which Law (i In Law, dépeçage refers to the concept in the Conflict of laws whereby different issues within a particular case may be governed by the laws of different states A forum selection clause in a contract with a Conflict of Laws element allows the parties to agree that any Litigation resulting from that contract will A person's status is a set of social conditions or relationships created and vested in an individual by an act of Law rather than by the consensual acts of the Discussion As an aspect of the Social contract between a state and its Citizens the state adopts a role of protector to the weaker and more vulnerable members In the Conflict of Laws, the validity of a Contract with one or more foreign law elements will be decided by reference to the so-called " Proper law In Conflict of Laws, the Choice of law rules for Tort are intended to select the Lex causae by which to determine the nature and scope In Conflict of laws, the issue of Marriage has assumed increasing public policy significance in a world of increasing multi-ethnic multi-cultural Community In Conflict of Laws, the issue of nullity (known as Annulment in the United States) in Family Law inspires a wide response among the laws In modern Society, the role of marriage and its termination through Divorce have become political issues See also Get (divorce document For the religious process see Get (divorce document A get or gett ( גט) is In Sunni Islamic Law there are two forms of divorce known as the talaq and its less well-regulated Sunni version of Triple talaq. In Conflict of Laws, the subject of Property Law follows the terminology of the civil law systems out of Comity. In the Conflict of Laws, the subject of Succession deals with all procedural matters relevant to estates containing a "foreign element" whether that element In Conflict of Laws, the Hague Convention on the Law Applicable to Trusts and on Their Recognition was concluded on 1 July 1985 and entered In the Conflict of Laws, issues relevant to the enforcement of foreign Judgments are frequently regulated by Bilateral Treaty or Multilateral The Mareva injunction (variously known also as a freezing order, Mareva order or Mareva regime) in Commonwealth jurisdictions is a court In the area of Conflict of law, anti-suit injunction is an order issued by a court or Arbitral tribunal that prevents an opposing party from commencing Conflict of laws (or private international law) is that branch of International law and intranational interstate law that regulates all Lawsuits involving Conflict of laws (or private international law) is that branch of International law and intranational interstate law that regulates all Lawsuits involving This jurisdiction may either be a sovereign independent State, or a part (State, province, territory, etc. ) of such a State.
  2. in public international law, State most commonly refers to a sovereign State which is a direct subject of international law

Every State within meaning (2) above is a State within meaning (1) above, but the reverse does not hold. Public international law concerns the structure and conduct of States and Intergovernmental organizations. For example, the United States is a State under both definitions, but California is a State only under the first.

This article is primarily about the first definition.

For the purposes of Private International Law, a State is a defined group of people, living within defined territorial boundaries and more or less subject to an autonomous legal system exercising jurisdiction through properly constituted courts. Conflict of laws (or private international law) is that branch of International law and intranational interstate law that regulates all Lawsuits involving In Law, jurisdiction (from the Latin ius iuris meaning "law" and dicere meaning "to speak" is the practical Authority A court is a forum used by a power base to adjudicate disputes and dispense civil, labour administrative and criminal Justice under its

The usage of the term "State" rather than nation and country is to refer unambiguously to the legal government of a territory, rather than to its people or culture. A nation is a Human Cultural and Social Community. In as much as most members never meet each other yet feel a common bond it may be considered In Political geography and International politics, a country is a Political division of a geographical entity However, the term "country" is still sometimes used in this way; see for example section 4 of Domicile Act 1982 (Cth. ), which defines "country" as "includes any State, province or other territory that is one of 2 or more territories that together form a country. " (see domicile (law)). In Conflict of Laws, domicile (sometimes termed domicil in the U

Contents

Examples

In the majority of cases, countries are unitary, i. In Political geography and International politics, a country is a Political division of a geographical entity e. like Italy and Sweden, they only have one legal system and no problem will arise. Italy (Italia officially the Italian Republic, (Repubblica Italiana is located on the Italian Peninsula in Southern Europe, and on the two largest "Sverige" redirects here For other uses see Sweden (disambiguation and Sverige (disambiguation. In the case of countries electing to assume or retain composite or federated status, the extent to which each separated regional unit will constitute a State will be determined by whether that unit has a sufficiently significant volume of laws distinguishable from those applied in other units. Hence, in the territorially separated States constituting the United States, the laws are sufficiently distinctive to elevate them to States for this purpose. The United States of America —commonly referred to as the However, the use of federal law-making powers means that countries may be single units for some purposes, and constituent States for others. Thus, the fact that Australia, Canada, the United Kingdom, and the United States can and do produce uniform legislation on some topics, does not change the separate status of the States, Canadian provinces, and U.S. States. For a topic outline on this subject see List of basic Australia topics. Country to "Dominion of Canada" or "Canadian Federation" or anything else please read the Talk Page The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom, the UK or Britain,is a Sovereign state located The provinces and territories of Canada combine to make up the world's second largest country in total area. A US state is any one of the fifty subnational entities of the United States of America that share Sovereignty with the federal government Dicey and Morris (p26) list the separate States comprising the British Islands: "England, Scotland, Northern Ireland, the Isle of Man, Jersey, Guernsey, Alderney, [Hern] and Sark. The term British Islands is used in the law of the United Kingdom to refer collectively to the following four states the United Kingdom of Great Britain and Northern . . is a separate country in the sense of the conflict of laws, though not one of them is a State known to public international law. " But this may be varied by statute. The United Kingdom is one State for the purposes of the Bills of Exchange Act 1882, and Great Britain is a single State for the purposes of the Companies Act 1985. The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom, the UK or Britain,is a Sovereign state located See also Kingdom of Great Britain Great Britain (Breatainn Mhòr Prydain Fawr Breten Veur Graet Breetain is the larger of the two main islands Beale defines "State" as follows (at § 2. 1/2. 5)

The civilized portion of the earth is divided up into certain units of territory in each of which a particular law proper to that territory alone prevails, and that territory is for legal purposes a unit.
§ 2. 2. What Determines the State. — It has been seen that the existence of separate legal units within the dominions of a single sovereign is a fact, the result of historical accidents.

The use of the word "State" for this purpose is not universally accepted. Some countries and individual authors use "country", "territorial unit", "law unit" or "law district", e. g. in the Australian federation, each State and territory is a law district (see Laurie v Carroll (1958) 98 CLR 310 at 331, per Dixon CJ. . Williams and Webb JJ. Because the lex patriae choice of law rule may select the law of a country that contains more than one legal system, there must be rules to determine which of the several possible laws might apply (e. g. a reference to the law of the United States is actually a reference to one of the U.S. States). The United States of America —commonly referred to as the A US state is any one of the fifty subnational entities of the United States of America that share Sovereignty with the federal government A suparanational example of an approach to this situation is contained in Article 19 of the Rome Convention on Contractual Obligations:

States with more than one legal system
  1. Where a State comprises several territorial units each of which has its own rules of law in respect of contractual obligations, each territorial unit shall be considered as a country for the purposes of identifying the law applicable under this Convention. Supranationalism is a method of decision-making in political communities wherein power is democratically entrusted to independent experienced appointed personalities or to representatives In Conflict of Laws, the Rome Convention is the Convention on the Law Applicable to Contractual Obligations and it opened for signature in Rome
  2. A State within which different territorial units have their own rules of law in respect of contractual obligations shall not be bound to apply this Convention to conflicts solely between the laws of such units.

Discussion

For the purposes of disciplines such as geography, politics, economics and sociology, it is appropriate to consider the world as divided into countries and, because it is of little significance in those disciplines, simply to add that some of these countries may be federated or otherwise divided into regions or provinces. Geography (from Greek γεωγραφία - geografia) is the study of the Earth and its lands features inhabitants and phenomena Politics Politics is the process by which groups of people make decisions Economics is the social science that studies the production distribution, and consumption of goods and services. Sociology (from Latin: socius "companion" and the suffix -ology "the study of" from Greek λόγος lógos "knowledge" The article is about the geographic sense of the term For other uses including Regions and Regional, see Region (disambiguation. A province is a territorial unit almost always an Administrative division. The focus is on the broad cultural patterns of political allegiance that arise by virtue of citizenship and nationality, e. Culture (from the Latin cultura stemming from colere, meaning "to cultivate" generally refers to patterns of human activity and the symbolic Politics Politics is the process by which groups of people make decisions An allegiance is a duty of fidelity said to be owed by a subject or a Citizen to his/her state or sovereign. Nationality is a relationship between a Person and their State of Origin, Culture, association Affiliation and/or Loyalty g. the so-called social contract is that the State, in its nontechnical sense, will defend the interests of its citizens in return for the loyalty of its citizens. Social contract describes a broad class of republican theories whose subjects are implied agreements by which people form Nations and maintain a Social order

The power to make law is an aspect of sovereignty, but it does not follow that the law is the same throughout a single sovereign's territory. Sovereignty is the exclusive Right to control a Government, a country, a people or oneself Differences may arise in two ways:

". . . when Hawaii was annexed to the United States it remained a separate legal unit; but when Wales was conquered by England it became a part of the new legal unit, England"; and

Hence, the extent of territory through which a given law applies is a political rather than a legal question, more often than not, the result of historical accidents involving the division or annexation of territory, conquest and colonisation, federation and decentralisation, all of which affect the extent of territory within which a single law prevails. Annexation ( Latin ad, to and nexus, joining is the legal incorporation of some territory into another geo-political entity (either adjacent or non-contiguous The right of conquest is the purported Right of a conqueror to territory taken by force of arms Colonisation (also known as Colonization) occurs whenever any one or more species populates a new area A federation ( Latin: foedus, covenant is a union comprising a number of partially self-governing states or regions united by a central ("federal" __FORCETOC__ Decentralization or Decentralisation (see Spelling differences) is the process of dispersing Decision-making governance closer to the people In the U. S. , for example, the relationship between State and federal law reflects the evolving debate between local and national interests and their respective claims to be supreme.

But in these more modern times, it is highly relevant to consider the significance of separate legal systems, particularly if the application of those systems would produce different results on the same set of facts. For example, in some parts of the world, one person may acquire multiple spouses or a spouse of the same biological sex. If such a marriage is validly created in one State, should it cease to be valid if the family travel to another State on holiday? Similarly, if a company is created with certain capacities under one law, should its capacities change if it seeks to trade in another law area? Social mobility is now the norm and trade across different markets is a vital part of the world's economic system. In Conflict of laws, the issue of Marriage has assumed increasing public policy significance in a world of increasing multi-ethnic multi-cultural Community A corporation is a separate legal entity usually used to conduct business Discussion As an aspect of the Social contract between a state and its Citizens the state adopts a role of protector to the weaker and more vulnerable members These and many other questions can only be answered by recognising the potential conflicts between State laws, and producing formalised systems to reconcile them. The issue is where these systems should be located.

Public International Law exists to provide a framework within which the relationship between sovereign nation States can be regulated. It provides a system of contract called treaties and offers systems to resolve disputes over territorial boundaries, access to the high seas, etc. A Treaty is an agreement under International law entered into by actors in international law namely States and International organizations. But, it is a supranational system and, as such, it has no direct effect on the municipal laws unless each nation waives its sovereignty. Supranationalism is a method of decision-making in political communities wherein power is democratically entrusted to independent experienced appointed personalities or to representatives Hence, although the Hague Conference on Private International Law makes recommendations, it is for each State to develop its own laws to address and resolve actual conflicts of outcome (although, in the U. The Hague Conference on Private International Law (or HCCH for Hague Conference/Conférence de la Haye is the preeminent organisation in the area of Private international law S. , it is acknowledged that the American Law Institute has devised federal guidelines covering some aspects of the subject). The American Law Institute ( ALI) was established in 1923 to promote the clarification and simplification of American Common law and its adaptation to changing social These municipal law systems are termed Private International Law or Conflict of Laws, and fall into four sections:

  1. jurisdiction: forum shopping can be a problem and it is necessary for litigants to demonstrate a real connection between their dispute and the court invited to adjudicate;
  2. characterisation in which the court allocates the causes of action to their appropriate legal classification subject to any issues of public policy;
  3. choice of law: where the result will be different depending on which law is applied, clear and consistent rules must be applied to decide which competing law(s) should be applied (including the issue of renvoi);
  4. the chosen law(s) (the lex causae) should be applied: this is not straightforward because the court in one State is being asked to give extraterritorial effect to another State's laws, thereby making its own laws inapplicable (and, arguably, breaching sovereignty). Forum shopping is the informal name given to the practice adopted by some Litigants to get their Legal case heard in the Court thought most likely In Conflict of Laws, characterisation is the second stage in the procedure to resolve a Lawsuit involving a foreign law element Public policy is the body of fundamental principles that underpin the operation of legal systems in each state. Choice of law is a procedural stage in the litigation of a case involving the Conflict of laws when it is necessary to reconcile the differences between the laws of In Conflict of Laws, renvoi (from the French, meaning "send back" or "to return unopened" is a subset of the Choice of law rules In the Conflict of laws, lex causae ( Latin: Lex + Causa, "cause the law" is the law or laws chosen by the Forum court from

See also

References

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