An increasing amount of US States seemingly believe that  international laws are having a negative impact on decisions from their courts reports the USA Today.

Last month, North Carolina was the seventh state to pass legislation barring judges from considering foreign law in their decisions. This includes sharia.

Thailand business law

Chaninat and Leeds are a Thailand law firm who specialize in local and international business law 

On closer inspection, it seems that many of the bills, including North Carolina’s, would only apply when the foreign law in question would violate a person’s constitutional rights, however debate rages on, with those in support proclaiming the move will protect American constitutional liberties, where as those against believe it will cause issue with international business and contract law. Admittedly,  the principle of private autonomy or the freedom to select foreign private laws is not exclusively applied to the law of contract but is also extended to other branches of legal transactions, such as matrimonial regimes between spouses, or tort law.

The Thailand Conflict of Laws Act recognizes the principle of party autonomy clearly embodied in article 13 paragraph one. It stipulates that: “The question as to what law is applicable in regard to the essential elements or effects of a contract is determines by the intention of the parties thereof.”Thai law acknowledges both expressed and inferred choice of law. This is also important for example with international prenuptial agreements. In this situation, Thailand lawyers advise it would be prudent for an affected individual to instruct a skilled international lawyer competent in the laws of both Thailand and western nations with practical experience in divorce litigation of both jurisdictions.

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