Jurisdictional Conflicts and its Relation to Conflict of Laws in ‎Private International Law: An Afghan Legal Perspective ‎

Abstract

Conflicts of court are one of the significant discourses of Private international law. When a legal case between private individuals involves a foreign element and is addressed within a country's judicial system, a key question arises: which country's court has jurisdiction over the case? This issue is known as a jurisdictional conflict. Resolving such conflicts is significant in private international law. This is significant for Afghanistan’s judicial and legal institutions, and foreign nationals engaging with the Afghan legal system to understand the jurisdictional framework for addressing cross-border legal disputes effectively. This research discussed the jurisdictional conflict from the perspective of the Afghan legal system and its relations with conflicts of laws. This research analyzes the rules governing jurisdictional conflicts within Afghanistan's legal system. This is a Review article, utilizing Afghanistan’s various laws and credible legal sources to understand how Afghan courts handle cases with international elements. The findings indicate that Afghan courts have jurisdiction over cases with international aspects. However, certain conditions must be met for foreign nationals, such as residency requirements or the presence of assets within Afghanistan. These conditions determine the extent to which Afghan courts can adjudicate disputes involving non-citizens.