THE UNIVERSITY OF PAPUA NEW GUINEA

SCHOOL OF LAW

Conflicts of Law – Final Lecture Notes

Semester No 1/2024
Tuesday 7th May 2024

What are the basic court powers in Conflicts of Law?

1. Jurisdiction – Whether the Court has jurisdiction and authority to hear the case.

2. Choice of Law – Once jurisdiction is established now what law is applicable to the
case

3. Characterization – The court characterizes the issues at hand into proceedual,, or

substantive law. Proceedual is governed by the Law of Forum (Lex Fori) –
Substantive matter is governed by the place where action arose (Lex loci)

4. Application rules – the court to apply the relevant conflicts of law rules to determine
the applicable law – depends on jurisdiction and proceedures

5. Recognition and Enforcement – Foreign judgments or decrees the court must decide
whether to recognize & enforce them based on comity, public policy and full faith and
credit clause.

6. Resolution – Finally, the court applies the chosen law of the facts of the case and
resolve the dispute accordingly.

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In conflicts of the two (2) or more jurisdictions:

Where two or more Jurisdictions - you look at the following:

1. Jurisdiction. - (Which is the best or appropriate Jurisdiction)

2. Choice of Law. - (the appropriate law to apply.)

3. Public Policy - (What is the Public Policy in that State or States)

4. Renvoi -You option to apply the principles of the Renvoi doctrine.

 5. Harmonization – seeking possible International treaties and conventions to provide
guidance.

6. Co-operation (E.g. European Union All member countriie”s have their owed court
system and therefore they must co-operate)

7. Arbitration – Parties to seek arbitration to avoid conflicts of law

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Set of Principles for rescaling legal disputes in Conflicts of Law

1. Jurisdiction. _ Once again you look at the appropriate Jurisdiction

2. Choice of Law _ The choice of Law to be applied

3. Recognition and Enforcement. The legislation available to Enforce judgment in the

Jurisdiction.

4. Characterization – Classifying – the law in contract, torts family law etc.

5. Renvoi _sending the case to the Foreign Forum

6. Public Policy – Principle that allows courts to refuse to apply foreign law or
recognition of foreign judgement. Continuity of local jurisdiction.

7. Proceedual vs Substantial Law – Lex Fori Proceedures -Lex Casae – Applicable Law
of Conflicts of Law

Sumasy Singin
Lecturer