The role of modern private international law curricula in settling international trade relations (Comparative Analytical Study)

This paper examined the “modern private international law approaches to resolve disputes in international commercial relations”. Private international law approaches are methods adopted by international agreements or national legislators to determine the material rules of law that judges must follow to resolve a dispute. We can organize private international law issues through these rules. These approaches reveal the risks associated with private international laws through which we witness that the world has unique interconnections that make it like a small village whose inhabitants know each other and coexist and interact with each other. Therefore, this makes the existence of international laws governing foreign elements mandatory, because this interaction causes conflicts between laws. This is because there are rules that govern the laws that are more relevant to the relevant issue than other laws and must be applied. There are different ways to resolve conflicts in private international law, and they are used to resolve international issues related to a person’s life and legal issues, and resolving these issues requires finding methods that are used to resolve disputes, especially the differences that exist in commercial relations between countries. The traditional approaches, represented by special conflict regulations, are no longer able to solve the problems of cross-border trade and economic relations per se. This prompted private international lawyers to look for advanced modern approaches that provide legal security and material justice for the parties to international legal relations as an approach of international material rules and urgent and applicable laws, as the best method for solving the problem of determining the applicable law in order to resolve disputes in international commercial contracts and finding the best solutions for the judge to find the most appropriate law for the existing lawsuit. The material substantive rules is limited to the settlement of commercial disputes and cross-border exchanges, so that the rules of this approach correspond to new data in the field of international trade, so as not to impede the development of modern international trade, especially it becomes more important considering the failure of the positive laws in controlling this evolution through the use of domestic positive laws. The sources of these rules are different between rules of legislative nature and rules of judicial origin and substantive rules of international origin such as international agreements that arise from international trade norms. The result of the research showed the importance of creating an independent national law that included methods to resolve disputes related to international commercial links and the need to consider the approach of laws with immediate effect. Also, in his results, according to the approach of “substantive” material rules, the researcher recommends emphasizing on Iraq’s accession to the agreements in such a way that through the direct application of the rules of this approach, the interests of individuals will be secured in accordance with these approaches, and it emphasizes on the approval of national laws.