Sardar Khan & Co | International Law Services - Pakistan
International law is the legal framework that connects independent countries through shared values and rules. It differs from local laws because it focuses on nations rather than private individuals. Generally, international law includes three main areas: public international law, private international law, and supranational law.
- Public international law manages relationships involving the United Nations, sea laws, international crimes, and the Geneva Conventions.
- Private international law, or “conflict of laws,” decides which country’s courts should handle a specific legal case.
- Supranational law applies to regional groups where member nations agree that group rules take priority over their own national laws if a conflict occurs.
In simple terms, international law is the collection of principles and rules that members of the global community must follow when interacting with each other.
Public International Law
No nation may grow alone in today’s world. Naturally interacting more with others as a country develops more organized and sophisticated is This implies a government has to conduct its own internal affairs and abide by laws for its handling of other countries and their people. Common political, artistic, scientific, and trading interests help to forge close social ties between nations. Seeing the planet only from your own boundaries distorts the reality. Modern communication has shrunk the globe and made it seem more linked; hence foreign commerce and worldwide collaboration have become essential.
International law grew considerably in the 1800s and 1900s. This began with the Congress of Vienna, which established guidelines for diplomatic ranking and travel on international waterways. Later, nations signed significant agreements like the Geneva Convention (1864) to aid wounded troops and the Declaration of Paris (1856) for sea warfare. These deals demonstrated that countries were prepared to establish norms governing human behavior during periods of strife.
The Hague Conferences of 1899 and 1907
These large conferences attempted to develop a universal legal code for every country. Land battle regulations were the main subject of the conference in 1899. The 1907 conference extended this to incorporate maritime concerns including coastal attack, use of underwater mines, and rights of neutral countries. These meetings also produced the Permanent Court of Arbitration to assist settle disagreements amicably.
First World War – League of Nations, 1919
The League of Nations was founded under the Treaty of Versailles following World War I. Its purpose was to preserve the peace and promote international cooperation. Many had hoped this would finally put an end to conflict, but those dreams gradually evaporated. But it did cause the birth of the Permanent Court of International Justice in 1921, a crucial step for global law.
Treaty of Locarno, 1925
In this pact, Britain, France, Germany, Italy, and Belgium promised to respect their borders and avoid using force against one another. It showed a strong desire to solve problems through the League of Nations. Unfortunately, Germany walked away from the deal in 1936, claiming other alliances made it impossible to follow.
Kellogg-Briand Pact, 1928
Shortly after Locarno, nearly every country in the world signed this agreement. They collectively condemned war as a way to solve problems and promised to settle differences through peaceful negotiation instead of violence.
The Geneva Convention, 1929
Representatives from 47 countries met in Switzerland to set rules for treating prisoners of war and caring for sick soldiers. This pact banned cruel treatment and collective punishments for prisoners, while also protecting medical staff and field hospitals.
Codification of International Law
The end of the First World War sparked a serious movement to write down and organize international laws into a clear, unified system that everyone could understand.
Second World War
After World War II, the United Nations (UN) was born. Fifty countries signed its Charter in 1945. Today, the UN is the foundation for global peace, security, and human welfare. Since its creation, many other treaties have expanded international law, such as the Universal Declaration of Human Rights (1948) and various agreements on refugees and preventing genocide. The UN continues to work systematically to build a global “rule of law” through court rulings and legal codes.
International Institutions
- The League of Nations (Historical)
- The United Nations (General Assembly, Security Council, Secretariat)
- International Court of Justice
- Permanent Court of Arbitration
Private International Law (Conflict of Laws)
Private international law kicks in whenever a legal case involves a “foreign element.” This happens in three common situations:
- The Event: An English tourist gets hurt in a car crash while vacationing in Spain.
- The Business: A UK company buys software from a business based in New York.
- The Person: A woman from England marries someone who lives in Iran.
Classification
Courts must first classify the case. They decide if the dispute is a “contract issue” or a “personal injury issue” (cause of action). Then, they determine if a rule is about the actual law (substance) or just the court’s rules (procedure).
Unlike public law, this field manages fights between private people and companies, not governments. It answers two big questions: Which country’s court should hear the case? And which country’s laws should that court use? In our global economy, where companies move money and workers across borders every day, these questions are more important than ever.
While public international law uses treaties between states, private international law is actually part of a country’s own local law. Each nation has its own rules for handling cases that touch a foreign legal system.
A. Jurisdiction
The first hurdle is deciding if the local court even has the power to hear the case. Should people be allowed to “shop around” for the best court? Courts look at things like:
- Where the person or company is located.
- Where a contract was signed or where an accident happened.
- Specific rules for insurance, consumer deals, or intellectual property.
B. Choice of Law
If a court agrees to hear the case, it must then pick which law to apply. It might be local law or the law of a foreign country. This applies to:
- Contracts: How a deal is made or canceled.
- Torts: Handling negligence, fraud, or defamation.
- Property: Managing land or physical goods.
- Family: Dealing with marriage, divorce, and child support.
- Succession: Deciding who inherits property after death.
C. Recognition of Foreign Judgments
Can a court order from Turkey be enforced in England? If you win a lawsuit abroad, you want to know if you can collect the money from the defendant’s assets back home. To recognize a foreign judgment, the court checks:
- If the foreign court had the right to hear the case.
- If the process was fair (natural justice).
- If the result goes against local public policy or involved fraud.
Connecting Factors
Courts use “connecting factors” to link a person or event to a specific country. For example:
- Lex loci contractus: The law where the contract was made.
- Lex loci delicti: The law where the injury or “tort” happened.
- Lex domicilii: The law of the place where a person lives permanently.
- Lex situs: The law where the property is actually located.
Every person is assigned a “personal law” that defines their legal status. In common law countries, we use domicile (where you live). In many European countries, they use nationality. In Islamic law, personal law is often determined by religion.
Our International Legal Services
Lawyers and clients often deal with the stress of lawsuits in other countries. Our Private International Law department at Sardar Khan & Co assists governments and the public with:
- Sending legal documents to people in other countries.
- Gathering evidence from abroad for use in court.
- Enforcing foreign court orders in Pakistan.
Arbitration and Global Disputes
We are recognized as a top firm for international disputes. We represent clients or act as neutral arbitrators under the rules of major global groups like:
- International Chamber of Commerce (ICC)
- London Court of International Arbitration (LCIA)
- The World Bank (ICSID)
- United Nations (UNCITRAL)
Our Global Network
We have built a strong network of law firms around the world. This allows us to recommend trusted local lawyers in almost any country and work with them seamlessly to solve your legal problems.
Supranational Law
Supranational law is a unique type of international law where countries agree to give up some of their own power to a central group. Unlike the UN, where nations keep their full independence, members of a supranational system must follow the group’s decisions, even if they disagree.
The European Union
The EU is the best example of this. Member nations have pooled their power into a system of courts and political bodies. EU law can grant rights directly to citizens and impose duties on governments that the governments cannot ignore. It is a shared legal order designed for the economic and social benefit of everyone involved.
East African Community
Nations like Kenya, Tanzania, and Uganda have similar goals. They are working toward a federation that uses its own binding supranational laws to unite the region.
