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Foreign Law Bans In The US

A growing number of US states are giving consideration to banning international law, believing it to threaten their domestic court system.

Seven states have passed legislation since 2010 that bars state judges from considering foreign law in their decisions reports the USA Today. At least 25 other states have introduced similar measures. North Carolina last month became the seventh state to pass legislation barring judges from considering foreign law in their decisions.

The move would prevent judges from considering for example, sharia law or Islamic law, which is both a moral code and religious law that controls all aspects of Muslim life, ranging from religious obligations to family relationships.

Supporters of the new laws proclaim they will help protect American constitutional liberties,  whereas others are concerned about the impact that will be seen on international prenuptial agreements and business agreements. Missouri veoted the bill due to concerns about how international adoptions would be effected.

This is however certainly something that persons who formed contracts or prenuptial agreements or have strong cultural ties to foreign countries and laws.

In Thailand, the Conflict of Law Act controls any international conflicts.  The Act is divided into six main titles which each deal with a specialized area of law. If the parties do not have the same nationality, then the law of the country that the parties intended or are presumed to have intended to apply to their agreement will be applied by the court. Therefore by way of example, in a  Thailand divorce, the courts will use the laws of the nation where an international prenuptial agreement was signed will determine the validity of the agreement.

Read the full story here

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