Essay on Conflict of Laws
The codification of laws is a way of domesticating laws and brings more certainty in the application of the laws since there will be a clear reference to which any dispute will be directed.
Codification of private international law bring about two pronged arguments being the constant tension between the need for legal certainty and predictability, on the one hand, and the need …show more content…
This therefore builds the case for the codification of private international law at an international level so that uniformity and ease of implementation can be achieved. An example being the common law rules which bind the commonwealth nations. Another example is the Brussels and lugano conventions which apply within the EC/EFTA.
Today, the growing complexity in legal rules whether domestic, regional or international in character complicate the elaboration of codes the multiplication of micro codes and the growing sectoral and regional codes may not in fact lead to increased accessibility and intelligibility of the laws concerned.
In addition, private international law has been and is concurrently the beneficiary of an ever expanding number of international and regional instruments, so that the necessity to engage in domestic codifications could appear tenuous
Furthermore, it is noted that one of the great merits of unwritten conflict of law rules is their relative flexibility and adaptability, characteristics which are viewed as the prerequisites of a satisfactory treatment of private international situations. Thus the formalization of these elements in a code would, as has been suggested, imply the enactment of general and abstract conflict rules with an