International Cooperation, One of the Mechanisms of Ascertaining the Foreign Law in Private International Law

Abstract

Now, when intensive economic relations are being formed between nationals, the issue to apply foreign law rules become more active. Judges and lawyers may not be acknowledged with the essence of resolution of some conflicts of law cases. The need of international cooperation in the civil matters has long been fully recognized and the problem of proper organization and regulation of judicial assistance has been several times the object of international agreements, both bipartite and multipartite. This article will undertake to consider the present framework of determining foreign law content in relation to international assistance. Some writers have said that international cooperation is, indeed, an international duty imposed by the law of nations to aid in the administration of justice. Others take issue with this characterization and regard international assistance as comity among nations rather than the law of nations. Whether the basis for international cooperation rests on a quest for universality of justice or simply on the need for some convenient and practical method for reducing chaos, most civilized countries do not hesitate giving aid on request by foreign.