The theory of vested rights means that the courts of justice seek to enforce not the foreign law or the foreign judgment itself, but simply the vested rights that have been vested under such foreign law or judgment. It may be said that there is no law that exists as such except the law of the land.
However, it is a principle of civilized law that that rights once vested under the law continue until destroyed, and that such rights are recognized and enforced in one state though they have come into being in another, unless such enforcement is for good reason, though contrary to the public policy of the jurisdiction where enforcement is sought for. There is no dispute that governmental interests establish private international law both at the time of the conception and interpretation of the rule including application (Kronke, 2004, p. 469).
In matters of conflict of laws involving countries of which a legal question is raised needs consideration of most significant relationship approach as well as government interest analysis to avoid conflicts within the international justice system. There are territorial factors that should be considered in choosing a law and these could be domicile or nationality of the parties concerned, location of movable or immovable objects and or chooses the law that has a great connection or linkage of the cause of action.
One traditional defense why foreign law may not be applied in a given country is that a sovereign state has no superior power. It is one of the fundamental principles of this branch of the law that each sovereign state is supreme within its own limits. Thus, it is incumbent upon states to exclude any or all foreign laws from operating within its borders or territory. Since every state has its own municipal law, it follows that each state has also its own conflict of laws. In line with that, the conflict of laws of the United States is different with other countries.
It must be noted that the subject is part of the municipal law that it is not international in nature. However, because of the presence of foreign element, it has been raised as part of the international law. Finally, private international law comes into force whenever the Court has a suit before it that includes a foreign element or party.
Kronke, H. 2004. Most Significant Relationship, Governmental Interests, Cultural Identity, Integration: “Rules” at Will and the Case for Principles of Conflict of Laws. Retrieved October 2, 2008, from http://www. unidroit. org/english/ publications/review/articles/2004-3. pdf.