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Published online by Cambridge University Press: 05 August 2012
The truth is that international law is neither a myth on the one hand, nor a panacea on the other, but just one institution among others which we can use for the building of a better international order.
Oppenheim. Oppenheim's International Law, 9th edn, London, 1992, p. 3–115
Shaw, International Law, 5th edn, Cambridge, 2003, pp. 1–246
Higgins, Problems and Process, Oxford, 1994, pp. 1–55
Brownlie, Principles of Public International Law, 6th edn, Oxford, 2003, pp. 3–68
Parry, The Sources and Evidences of International Law, Cambridge, 1965
First let us clear away any misunderstandings about private international law and transnational law.
Private international law/conflict of laws
Private international law is an unfortunate term for what is more properly and accurately called conflict of laws. That is the body of rules of the domestic law of a state which applies when a legal issue contains a foreign element, and it has to be decided whether a domestic court should apply foreign law or cede jurisdiction to a foreign court. Many of the rules are now found in legislation. Naturally, over time the domestic rules grow closer as states come to adopt similar solutions to the same problems, but they remain domestic law. Established in 1893, the Hague Conference on Private International Law seeks primarily to harmonise domestic rules on conflict of laws, and since 1954 has concluded some thirty-six multilateral treaties.
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