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Dean, Chicago-Kent College of Law Illinois Institute of Technology (312) 906-5010 fax (312) 906-5335 [email protected] international law increasingly is called upon to provide a framework for private international lawtreaties for recognition and enforcement of civil judgments and to limit the adjudicative jurisdiction of civil and criminal courts, While most of these bodies allow only state parties to participate formally, there is increasing pressure also to allow private standing, recognizing the growing de facto role of non-governmental organizations (NGOs) in international affairs.Information technology in the form of the Internet accelerates this process in three ways.More harmonization, resulting from struggles to allow the Internet to flourish, means greater scope for international law. Private law, then, was that part of the legal system protecting the private ordering; public law consisted of government compulsions restricting private freedom." Under that definition, property law, tort law, and contract law may be considered examples of private law, and labor law and constitutional law public law.
These rules, making up what American lawyers call conflict of laws, link public and private international law.
When private persons or entities seek resort to civil courts to resolve their disputes, they encounter conflict of laws rules, which determine the power of national law makers, adjudicators and enforcement resources.
Because the public/private distinction emerged from the notion that there is a separate and distinct private order, private law can be understood as protecting "pre-political rights. Now, they observe, the distinction between public and private law has been blurred, in part because of the critique of legal realists, observing that private law reflects public policy choices, and the tendency of public law to grant new individual rights. Trachtman has observed that "Private law is an oxymoron."If international conflict of laws rules are analogous to constitutional law --describing the allocation of power horizontally within a unitary order-the relevant society whose welfare these rules must maximize is international society.
However, it is generally agreed by even the most extreme law and economics theorists that in practice, the private sphere needs law to reduce transaction costs by facilitating the assignment of stable property rights and rules of tort liability and contractual responsibilities." "Thus, public policy-that use of the state level-would be expected to incorporate certain values from the private level." Public international law circumscribes the legitimate exercise of state power to regulate private conduct and to decide private disputes, through rules of jurisdiction, choice of law and judgment recognition.
To evaluate the arguments presented in this article, one must understand how the Internet differs from other information technologies.
Technological innovations always have required the adaptation of international legal system.The Petrie-Flom Center for Health Law Policy, Biotechnology, and Bioethics at Harvard Law School is announces its 2020 annual conference: “Innovation and Protection: The Future of Medical Device Regulation.” The…The Petrie-Flom Center for Health Law Policy, Biotechnology, and Bioethics at Harvard Law School is pleased to announce plans for our 2020 annual conference: “Innovation and Protection: The Future of Medical Device…Two kinds of hybrid legal systems can be envisioned.It is through the non governmental organizations and, more and more often, through the mass media that world public opinion makes its voice heard on the major problems requiring action at the international level.The growing importance of transnational business in the late decades of the Twentieth Century and the increasing emphasis on international human rights law in the same time period stimulated a return to a more unified view, albeit without an explicit abandonment of positivism as the theoretical foundation.The goal of International Law is to create and maintain systemic stability, to reduce frictions among states.Trachtman says that the best solution to conflict of laws problems is the negotiation and agreement on conflicts rules by governments through the treaty making process, in other words, using public international law mechanisms to change the content of private international law.Vertical public law litigation involves the assertion by individuals of rights derived from public international law in regular courts.Private actors create purely private legal relationships by dealing with each other, create mixed relationships by dealing with states, and as political actors, they coordinate their private self-interest across national boundaries, exerting pressure vertically through national interest groups thereby shaping the policy of states.Just as domestic interest groups are an essential part of the political dynamics of domestic politics, non governmental organizations ("NGOs") are an essential part of international rulemaking and enforcement.