Excerpt from Selected Cases, Statutes and Orders Illustrative of the Principles of Private International Law as Administered in England: With a Commentary
It was said by Lord Selborne, in his speech in Ewing v. Orr Ewing, as reported at page 513 of the 10th Appeal Cases, "The phrase "private international law" is liable to be misunderstood. It is a convenient expression for such rules as in the jurisprudence of most civilized nations are applied, ex comitate, to the solution of questions depending upon foreign status, foreign laws, or foreign contracts. But no law, binding propria vigors upon any independent state, can be established by generalization from the jurisprudence of other nations. All such rules must yield to the lex loci whenever it differs from them; and, in point of fact, few (if any) such rules are universally accepted, without some modifications or variations, making it necessary to distinguish between the general principle and the form and conditions of its local application." In this way and in this sense I have made bold to use the phrase in the title of this book.
The selection of The Indian Chief is, apart from the merits of the judgments, mainly due to the desire to demonstrate the distinction between domicil proper and what is called commercial or trade domicil in time of war.
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