Point Public international law Private international law The parties States (and international organisations) Private persons The source Treaties, custom Each state's domestic law (plus treaties) The question The states' rights-and- duties The private dispute's forum- and-law The enforcement International (reciprocity, the UN) The national courts The sanction's face Diplomatic, collective The domestic judgment The overlap The treaty can govern the private case (the conventions) The foreign state's immunity (the public law's entry) ## 1.6 Nepalese Experience on Private International Law Including Civil Code, 2074 The Nepali frame: no comprehensive conflict-code — the scattered provisions + the courts' craft: the Civil Code 2074 (the Code's private-international faces: the application provisions (the Code's reach; the foreign elements' treatment — the functional describe: the Code's general part-and-the specific books' cross- border faces)); the Muluki Civil Procedure Code 2074 (the jurisdiction's rules (the court's competence — the in rem-and-in personam bases) + the foreign judgments' execution (Unit 6's treatment)); the specific statutes' conflict rules (the marriage-and- family faces; the contracts' proper-law practice (the international contracts' Nepal practice — the proper-law clauses)); the courts' jurisprudence (the cross-border cases' craft — the foreign marriages' recognition, the foreign decrees' enforcement, the foreign property's disputes); the honest audit: the conflict-law's embryonic state (the doctrine thin, the practice case-built — the exam's Nepali essay). Exam Focus Long questions: (i) The meaning-nature-scope (the three questions — the banker); (ii) The public-vs-private comparison (the table); (iii) The Nepali experience (the Civil Code 2074-and-the courts' craft). Short questions: the comity; Savigny vs Mancini; the foreign element.
Trick areas: (i) PIL is a DOMESTIC law's branch (the name's misnomer) — the "international law" error; (ii) The THREE questions: jurisdiction + choice of law + recognition-enforcement (the incomplete list's loss); (iii) Mancini = NATIONALITY (the personal law); Savigny = the SEAT of the relation — the pairing; (iv) Nepal has NO comprehensive conflict code — the scattered provisions + the courts' craft.