What is the difference between public and private international law?

Public and private international law are two distinct areas of law which govern the actions of states and individuals. Public international law pertains to the relationships between states and other entities within the international community. This type of law covers matters such as the use of armed forces, the environmental protection, and the rights of refugees. Private international law, also known as “conflict of laws”, concerns legal relationships that involve foreign elements. It deals with questions of jurisdiction and recognition of foreign courts and judgments. Public international law is based on treaties, international customs, and consent of the states concerned. This law is binding on all states, and is enforced and interpreted by various international organizations. Private international law is based on rules set forth by individual countries, as well as international customs or conventions. This law governs mainly civil and commercial matters such as the law of contracts and torts, and the recognition of foreign judgments. Ultimately, the primary difference between public and private international law is that public law covers the relationships between states and other entities, while private law covers the relationships between individuals. Public law applies to states and the international community, while private law applies to individuals and private entities.

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