Rule Of Choice Of Law In Regard To Citizenship
- IJLLR Journal
- Jun 21
- 2 min read
Puneet Chumber, Rajiv Gandhi National University of Law, Punjab
ABSTRACT
The terms ‘conflict of law’ and ‘choice of law’ are often used interchangeably in cases where a dispute spans over two different jurisdictions. Western legal systems first recognized a core underpinning of conflict of laws—namely, that "foreign law, in appropriate instances, should be applied to foreign cases"—in the twelfth century. Prior to that, the prevailing system was that of personal law, in which the laws applicable to each individual were dictated by the groupto which he or she belonged. Later, in the seventeenth century, several Dutch legal scholars, including Christian Rodenburg, Paulus Voet, Johannes Voet, and Ulrik Huber, further expounded the jurisprudence of conflict of laws. Alongside domestic developments relating to conflict of laws, the nineteenth century also saw the beginnings of substantial international collaboration in the field.
This paper examines from a viewpoint of global governance how conflict of laws should deal with cross-border family relations. It analyses possible solutions grounded on the effectivity of rules, rather than abstract territorial proximity to the legal relationship, seeking a balance between state regulation and individual freedom. While the hegemony of sovereign states is gradually decreasing in globalization in general, state governance has not lost its primordial importance in cross-border family relations in terms of upholding social order and protecting vulnerable parties through mandatory rules. Against this background, the paper first sheds light on contemporary discussions on the appropriateness of the principle of nationality or the principle of habitual residence in determining personal law. The study particularly contemplates how best to ascertain the law governing international family relations from the perspective of individual identity. Second, in view of cultural diversity and the multiplicationof legal sources, the interactions between state law and non- state law and their possible accommodation in conflict of laws will be expounded on the basis of several examples.
