Open Access Research Article

NATURE AND SCOPE OF PUBLIC INTERNATIONAL LAW: A CRITICAL STUDY OF THE DISTINCTION BETWEEN PRIVATE INTERNATIONAL LAW AND PUBLIC INTERNATIONAL LAW

Author(s):
RAJNISH KUMAR SINGH LALIT NARAYAN MISHRA
Journal IJLRA
ISSN 2582-6433
Access Open Access
Volume 3
Issue 6
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Abstract

ABSTRACT:
Public International Law and Private International Law are two important branches of international law that deal with legal situations involving an international or foreign element. Public International Law primarily regulates relations between States, but its scope has expanded to include international organizations, individuals, multinational corporations, and other non-State actors. It covers areas such as human rights, international humanitarian law, international criminal law, environmental protection, international trade and investment, and the law of the sea.
Private International Law, also known as the conflict of laws, deals mainly with private disputes involving a foreign element. Its principal functions are to determine which court has jurisdiction, which law should apply, and whether foreign judgments or arbitral awards should be recognized and enforced.
Although traditionally these two branches were treated as separate, globalization and the growth of cross-border activities have increased their interaction. International trade, investment, human rights, arbitration, and cross-border family and commercial disputes often involve principles from both fields. Consequently, modern transnational legal issues cannot always be effectively addressed by treating Public and Private International Law as completely independent.
The paper therefore examines the nature, scope, sources, and subjects of Public International Law, compares it with Private International Law, and analyses their evolving relationship. It particularly focuses on the Indian legal framework, referring to important cases such as R. Viswanathan v. Rukn-ul-Mulk Syed Abdul Wajid, Satya v. Teja Singh, Y. Narasimha Rao v. Y. Venkata Lakshmi, Modi Entertainment Network v. W.S.G. Cricket Pte. Ltd., Renusagar Power Co. Ltd. v. General Electric Co., and Alcon Electronics Pvt. Ltd. v. Celem S.A. Comparative perspectives from the UK and USA, along with relevant ICJ jurisprudence, are also considered.

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Author Details

Authors: RAJNISH KUMAR SINGH & LALIT NARAYAN MISHRA
Registration ID: 1013235 | Published Paper ID: IJLRA13235 & IJLRA13236
Year: Sep-2026 | Volume: 3 | Issue: 6
Approved ISSN: 2582-6433 | Country: Delhi, India
Page No.: 1762-1783

Article Information

NATURE AND SCOPE OF PUBLIC INTERNATIONAL LAW: A CRITICAL STUDY OF THE DISTINCTION BETWEEN PRIVATE INTERNATIONAL LAW AND PUBLIC INTERNATIONAL LAW

Authors: RAJNISH KUMAR SINGH, LALIT NARAYAN MISHRA

  • Journal IJLRA
  • ISSN 2582-6433
  • Volume 3
  • Issue 6
Citation Download Paper Full Details Search on Google Search on Google Scholar

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International Journal for Legal Research and Analysis

  • AbbreviationIJLRA
  • ISSN2582-6433
  • AccessOpen Access
  • LicenseCC 4.0

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