Private International Law is the body of law governing choice of law or conflict of laws between citizens of different countries. It governs the jurisdiction in which disputes should be decided, which country's law should be applied, and the enforcement of foreign judgments. National laws govern the choice of law in transnational and private international law matters.
International organizations have also developed systems for standardizing choice of law through treaties and conventions, model laws, uniform clauses, forms, and guides. These bodies include the UN Commission on International Trade Law (UNCITRAL), the International Institute for the Unification of Private Law (UNIDROIT), and the Hague Conference on Private International Law.
Transnational and cross-border subject areas in private international law include banking, contracts, commercial law, family law, and labor law. Private international law also governs international dispute resolution, including service of process, and enforcement of judgments and arbitral awards.
Research guides are good starting points for a project on the law of other countries. They may provide descriptions of the legal systems of other countries, titles and sources for primary and official resources, citations and links to legal resources, and tips and suggestions for research in the law of other jurisdictions.
Emory Law Library: LibGuides on Foreign and Comparative Law. Emory's own research guides will list sources available at Emory and links to Emory's subscription datatabases. Guides include International Commercial Arbitration, Foreign Law Basics, International Law Basics, and Adoption Law.
UCLA Law Library: UCLA has a research guide on Private International Law.
NYU Law Library: NYU's research guide on International Law: Specialized Sources include Private International Law and International Arbitration.
Peace Palace Library: The Peace Palace Library in the Hague has research guides on private international law, including the Hague Conference on Private International Law, International Commercial Law, International Family Law, and Private International Law. Guides include treaties, caselaw sources, reference works, selected books and articles, periodicals, bibliographies, and databases.
NYU GlobaLex Guides: Detailed guides to research in the law of an extensive list of jurisdictions, plus guides to doing comparative law research. Research guides on international law include guides on International Dispute Settlement and International Commercial Law.
Law Library of Congress: Guide to Law Online: Nations of the World: Resources for most countries of the world with links to primary resources, legal guides, and general information sources.
Foreign Law Guide (subscription database): The Foreign Law Guide has entries for most countries of the world, with descriptions of their legal systems and history, and references to primary sources, topical sources, and English translations. The Subject Headings for each country cite statutes and publications on subject areas of the law. Subject areas with citations include Arbitration & Mediation, Bankruptcy & Insolvency, Business Associations & Corporations, Conflict of Laws and Private International Law, and Labor.
Roosevelt's Conflict of Laws, 3d (Concepts and Insights Series) by 
International Business Transactions in a Nutshell by 
Principles of International Business Transactions by 
Understanding International Business and Financial Transactions by 
Advanced Introduction to Private International Law and Procedure by
Elgar Advanced Introductions are thoughtful introductions to major fields in the social sciences and law, expertly written by the world's leading scholars. Litigating disputes in international civil and commercial cases presents a number of special challenges. Which country's courts have jurisdiction, and where is it advantageous to sue? Given the international elements of the case, which country's law will the court apply? Finally, if a successful plaintiff cannot find enough local assets, what does it take to have the judgment recognized and enforced in a country with assets? The Advanced Introduction to Private International Law addresses these questions in a concise overview of the field. Three parts presenting principal problems parties face in dealing with cases with an international dimension
Conflict of Laws by
This authoritative text covers jurisdiction and interstate and international private litigation in torts, contracts, business planning, family law (marriage, same-sex relationships, property rights, support, child custody), property, succession and estate administration, and the recognition of sister-state and foreign judgments. The text examines in depth the development and current state of approaches to choice of law. It also addresses issues of jurisdiction and applicable law in private litigation in federal court.
Foundations of International Commercial Law by
Foundations of International Commercial Law provides a fresh analysis of both the contextual features of International Commercial Law and a range of different International Commercial Law instruments. This text covers the various elements which comprise International Commercial Law, the academic debates about the lex mercatoria and harmonisation, as well as a discussion of selected conventions and other instruments. International Commercial Law is concerned with commercial transactions which have an international dimension, for example contracts between parties from multiple jurisdictions. As an area of study, it is characterised by the interaction of a wide range of national and international legal sources which all shape the overall context within which international commercial contracts are made and performed. This book focuses on the international legal sources in particular. It first explores all the different elements which together comprise the context of international commercial transactions, before examining the process of making International Commercial Law. Specific instruments of International Commercial Law discussed in the book include the conventions on the international sale of goods, agency, financial leasing, factoring, receivables financing and secured interests in mobile equipment, together with the UNIDROIT Principles of International Commercial Contracts and documentary credits. There are separate chapters on private international law and international commercial arbitration, and a final chapter exploring the existing and potential impact of the digital economy on International Commercial Law.
Global Private International Law by
Global Private International Law is a casebook, combining the expertise of over sixty international and interdisciplinary contributors who analyze key legal proceedings in order to provide a comprehensive study of the impact of globalisation on the law. Providing a unique and clearly structured tool, this book presents an authoritative collection of carefully selected global case studies. Some of these are considered global due to their internationally relevant subject matter, whilst others demonstrate the blurring of traditional legal categories in an age of accelerated cross-border movement.
European Encyclopedia of Private International Law by
The Encyclopedia of Private International Law represents the definitive reference work in the field. Bringing together 195 authors from 57 countries the Encyclopedia sheds light on the current state of Private International Law around the globe, providing unique insights into the discipline and how it is affected by globalization and increased regional integration. The role and character of Private International Law has changed tremendously over the past decades. The Encyclopedia is a rich and varied resource in four volumes. The first two volumes provide comprehensive coverage of topical aspects of Private International Law in the form of 247 alphabetically arranged entries. The third volume provides insightful detail on the national Private International Law regimes of 80 different countries. The fourth volume presents invaluable, and often unique, English language translations of the national codifications and provisions of Private International Law in those countries.
International Litigation by
The new Fourth Revised Edition of International Litigation provides U.S. courts practitioners with a step-by-step guide through international litigation, from pre-litigation considerations (obtaining foreign counsel, jurisdiction, choice of forum, etc.) to enforcement of judgments and arbitral awards.Supplemented by practical checklists and strategies throughout, solutions are offered to pressing questions:Does arbitration or litigation afford the better chance for success?What contract drafting, jurisdictional, or enforcement of judgment issues are posed when a foreign sovereign is a party?Can international differences in service of process, evidence gathering, and jurisdictional points improve or jeopardize the chances for success?
Benchbook on International Law by
This Benchbook provides a hands-on introduction to international law as it arises in courts of the United States. Its primary audience will be U.S. District Judges, typically the first to encounter questions of international law in our system. To aid judges in shaping litigation and resolving disputes, the Benchbook begins with a primer on international law's sources and status in U.S. courts. Jurisdictional, preliminary, and procedural concerns, like immunities and evidence-gathering, next are treated. The Benchbook then provides discussions of concrete instances in which such issues may arise; for example, arbitration, child abduction, human rights, and the international sale of goods. It concludes with issues of interpretation and research resources.
Originally published January 2, 2024 by Amy Flick.
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