Private International Law
Private International Law is the law which regulates
which courts should take charge, which law should apply and
whether judgements should be recognised and enforced across
borders in cases with an international dimension. It also
includes mechanisms for co-operation and exchange of
information between governments and courts in different
countries, where these are designed to support mutual
recognition of each other's laws and judgements.
Some Private International Law is made by the EU, and
this is a growing area of work. Some comes from other
international organisations such as the Hague Conference
and the Council of Europe. Civil Justice and International
Division represents Scotland in Private International Law
negotiations within all these bodies and works together
with departments in the rest of the UK, especially the
Department of Constitutional Affairs, in order to do
so.
The Division is also responsible for operating various
Private International Law treaties in Scotland. These cover
abduction of children by family members, maintenance
payments and the service of court documents and taking of
evidence in cases with a foreign dimension.
The Division acts as the Contact Point for the
European Civil Judicial Network, which helps EU member
countries exchange information about each other's civil
legal systems.