Private International Law and Its Sources

Professors Cheatham and Maier raise the question, "What are the sources of the law applied in private international cases?" The authors consider this question under two main headings. The first deals with the "authoritative sources" of private international law applied in United States courts. It considers the question, Where, within the complex governmental structure of the United States, does power over private international matters rest?" Several possible sources are considered: public international law, state law, and federal law, and within federal law, the major components: international agreements, legislation, federal common law and executive law. The second part of the article deals briefly with the "fundamental sources" of private international law.

Here, the authors seek to identify those basic policies which guide a law-making body in laying down and developing principles of private international law. In the process, they suggest a number of "threats" to the development of effective private international rules.