Fair trial under private international law

Abstract

The search for the place of a fair trial in private
international law is conducted from two angles, On the one
hand, a fair trial begins when a judge directly decides a
dispute between ordinary persons representing a foreign
element, The judge determines the competent court to
consider the dispute according to certain criteria,
sometimes according to the most appropriate court or the
inappropriate court. Legislation has differed in adopting
each of these two theories, On the other hand, a fair trial is
also invoked when a foreign judgment is recognized and
implemented. Private international law, such as
international criminal law, actually allows us to see the
place attributed to a fair trial when there are multiple
competent courts. These topics that focus on the circulation
of standards from one country to another highlight the fact
that the normative space can, on the one hand, implement a
fair trial itself, and on the other hand, control how it is
implemented in another country