Sources of International Law | Assignment

Running head: DISCUSSION
DISCUSSION
Name of the Student
Name of the University
Author Note

1DISCUSSION
Summary of the discussion
To summarize the entire discussion in brief, it needs to be pointed out that the
discussion gives an overview of the general principles of private international law by
comparing it with the general principles of common law and the general principles of
international law. As held by Lord Phillimore general principles of international law are
recognised by civilized Nations for maintaining a friendly and peaceful relationship with
other nations; it is more like a friendly negotiation that Nations have between them in order to
keep political tensions and negative diplomacy at bay1. Most modern nations think it to be
wise to be a signatory to most international conventions and treaties which helps them to
transact spotlessly with each other. By agreeing to the terms of such international
conventions and treaties, the signatory members agrees to settle disputes between them by
following the directions of alternative dispute resolution bodies and international courts in
most of the cases. The discussion also mentions that the courts of England and Wales choose
to follow common law principles over international law even when the party's to the dispute
are foreign individuals or companies2.
Therefore the paper rightly supports the authority of Brussels convention that is
overruled the authority of European traditional laws in regard to determining the jurisdiction
of the courts. The jurisdiction of a court should be determined by the place where the action
had arisen is quite justified. This it could be stated that modern States have judiciously
clubbed both customary laws as well as the international law to handle its complex disputes
with ease; the former to form the basic legal rules of a country, while the latter to deal with
other nations or foreign companies.
1 Koskenniemi, Martti. Sources of international law. Routledge, 2017.
2 Hartley, Trevor C. Choice-of-court agreements under the European and international instruments: the revised
Brussels I Regulation, the Lugano Convention and the Hague Convention. Oxford University Press, 2013.