The Official Journal for College of Law and Political Science, Alnoor University

Fair trial under private international law

Document Type : Original Article

Author

Al-Qasim Green University/ College of Science

Abstract
The search for the place of a fair trial in privateinternational law is conducted from two angles, On the onehand, a fair trial begins when a judge directly decides adispute between ordinary persons representing a foreignelement, The judge determines the competent court toconsider the dispute according to certain criteria,sometimes according to the most appropriate court or theinappropriate court. Legislation has differed in adoptingeach of these two theories, On the other hand, a fair trial isalso invoked when a foreign judgment is recognized andimplemented. Private international law, such asinternational criminal law, actually allows us to see theplace attributed to a fair trial when there are multiplecompetent courts. These topics that focus on the circulationof standards from one country to another highlight the factthat the normative space can, on the one hand, implement afair trial itself, and on the other hand, control how it isimplemented in another country

Keywords

  • Receive Date 07 October 2024
  • Revise Date 20 July 2025
  • Accept Date 30 April 2025
  • Publish Date 01 December 2024