Conflict of laws and other legal intricacies

Abstract

Today, people are constantly on the move, commuting from one country to another, living away from home, either to study or to work abroad, marrying a non-Maltese, or simply traveling to see the world. This heightened rate of mobility is taking place alongside the existence of jurisdictional frontiers, and the resilience of domestic laws. Consequently, it comes as no surprise that the possibility of facing a situation of a conflict of the laws increases substantially, and indeed, so does the applicability and relevance of private international law.

For instance, can a Maltese domiciliary who marries a non-Maltese file an application of divorce in a Maltese court? Can a German or Chinese national who is involved in a traffic accident while studying in Malta, settle a tort case committed in Malta, under Maltese jurisdiction? lf a non-Maltese were to file a claim in Malta regarding a marital dispute or a tort case, which country's laws would be applicable in the litigation? To what extent are Maltese judgments recognised and enforced in other jurisdictions? These simplistic yet factual situations lead to the question of the definition of private international law and its many intricacies.

This paper will discuss the legal process which comes into play when a dispute with a foreign element is brought before the court of law for adjudication in Malta. I will argue that a court can never proceed with a case which involves private international law, before understanding its juridical nature. In support of my discussion, the study will draw on relevant theories and legal concerns pertaining to the nucleus of private international law: issues concerning jurisdiction, the choice of law, and recognition and enforcement of foreign judgments.