The General Issues Of Conflict Of Laws In Laos

The general issues in conflicts are mainly its basic regimes, including characterisation, renvoi, incidental question, evision of law, the proof of foreign laws, public policy, the domestic application of international conventions and international customes.Characterisation is a fundamental question occuring in the first place in choice of law process. As a regulator of social relationships, any law has many concepts to define the issues concerned. That is to say, the social relationships have already been categarized into various groups with the use of legal concepts. As a result, the application of law requires correctly characterizing the issues to be regulated.Conflict rules are different from substantive ones in that they indirectly regulate multinational civil relationships.Their purpose is to direct the rules that should be applied, rather than the right and obligations between the parties. When the law of a foreign country is chosen, it is yet uncentain whether the law includes its internal laws or the conflicts rules as well. This question is named renvoi in conflict of laws.In conflicts law, many problems can be solved depending on the answer of another problem. The former is called a principal question and the latter incidental or supplementary question. What matters in conflicts is which law should be chosen for the incidental questions, the same as that of principal questions or independent of the applicable law.Evision of law is a unique problem for private international law. It differentiates from fraud in domestic cases in subject, object and effect. What's more, the evision of law in conflicts is closely connected with the proction of vested rights and public policy of the forum. The research into this question is of theoretical and practical importance. Among others, the definition of evision of law is most fundamental, for this will affect what constitutes a fraud of law. A step further, this question can also cast light on international legal cooperation.When adjudicating a multinational dispute, the judge may be guided by the forum conflict rules to apply the domestic law of a remote foreign country. It's well accepted that the judge knows only the forum law. So the proof of a foreign law and the remedy for a invalid or false proof are unignorant problems in private international law.The private international law is to deal with the conflict of laws in civil disputes with foreign elements. It's normal to apply the domestic law of a foreign country or to recognize a right by foreign law. At the same time, any country has rules concerning its fundamental interests, basic principles of its ethics and law, which should be appled inspite choice of law rules. And these rules can also exculde the law directed by conflicts rules, and this is named public policy in conflict of laws.With the introduction of reform and opening up policy in Laos, the country has been taking a more and more active part in the international market. This requires more application in Laos courts in deciding multinational disputes. This is just what private international law does with. But no law on conflict of laws has yet beenpromulgated in Laos. More civil and commercial exchange means more disputes.So a private international law code is urgently needed in Laos.