Interaction Between International Public Law and International Private Law: International Public-Law Foundations for Regulating Private Law Relations and the Role of International Organizations in Construction Contracts

This article provides a comprehensive examination of the intricate relationship between public international law and private international law in the context of large-scale construction projects with cross-border elements. It focuses on the role that international organizations, including the United Nations and the New Development Bank BRICS, play in establishing standardized contract frameworks and resolving disputes arising from multiple legal orders. Particular attention is devoted to the importance of conflict-of-law rules, addressing how they determine the applicable law and the extent of judicial authority in multinational ventures. The study further explores state immunity, delving into scenarios in which governments or public agencies enter private commercial arrangements and how immunity may be limited or waived under specific legal provisions. The analysis draws on model contracts promulgated by global institutions, notably the International Federation of Consulting Engineers (FIDIC), to illustrate how unified contractual clauses can help avert costly legal disagreements. Special emphasis is placed on procedural obstacles, such as the recognition and enforcement of foreign judgments, where overlapping jurisdictions may create significant uncertainty. Public policy exceptions and mandatory norms are also evaluated to demonstrate how fundamental state interests can override party autonomy and preclude the application of certain foreign laws. By investigating the interplay between domestic legislative acts, international conventions, and established doctrinal theories, the article pinpoints existing gaps and contradictions in current legal frameworks. It highlights the pressing need for greater harmonization of both substantive and procedural regulations to ensure consistency and predictability in international construction operations. The author argues that enhanced cooperation among states and international bodies is vital for reducing jurisdictional clashes, protecting investors’ interests, and facilitating equitable dispute resolution. This study thus proposes a more integrated approach, urging lawmakers and practitioners alike to engage in concerted efforts toward unified legal standards that effectively balance national sovereignty with the demands of a rapidly globalizing construction sector.