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Equity, Prosperity and Dispute Resolution Across Borders
This area of law is sometimes known as "conflict of laws". It is an area of law which determines which system of municipal law is applicable. If an Australian and new Zealander are married in Bali and live in Baltimore with their Indonesian born child, which law governs the custody of the child?
If an Australian gets on a Malaysian airliner bound for China which disappears in international waters, which law applies to the loss claimed by his Chinese family?
Two Aussies get into a bar fight in Bali and one causes the other serious injury. Can they be sued in Maroubra? Does Balinese law apply? How long is the limitation period?
Public International Law is also called, "The Law of Nations." It is primarily the law which operates between nation states. It has limited impact on municipal law in Australia, but can be integral to municipal law in other countries. It can also provide an alternative system to municipal law to resolving disputes, and occasionally nation states deign to give individuals or corporations rights to agitate disputes on the International plane.
A country may take up an individual dispute initially through the diplomatic channel and then through the international law dispute resolution process if an individual grievance has been exhausted at the municipal level.
Bilateral Investment treaties with individual dispute resolution clauses may provide for individuals to take action against a nation state if their grievances are not resolved by the judicial system of that nation state.
Dealing with international matters practically first of all means knowing the limits of capability. We are not a law firm experienced in the laws of all other countries. We are not a law firm which specialises in running international arbitration in New York or Singapore.
We are a law firm which is able to ascertain the international aspects of a matter which have practical consideration and liaise where necessary with other relevant professionals in other jurisdictions and those engaged in core international practice on the International plane.