Reflection on Article (103) of the Constitution as a Source of Private International Law in Jordan
Dr. Abdullah Aldmour
Associate Professor – Faculty of Law – University of Jordan
Abstract:
Article (103) of the Jordanian Constitution is one of the most important sources of private international law in Jordan since it contains many procedural and substantive provisions. The article tries to address the most important principles and provisions that can be drawn from this specific constitutional text. The purpose of this article is to examine certain aspects of private international law from the perspective of this constitutional text, particularly those related to the international jurisdiction of religious courts in Jordan. The article also tries to identify the position of the Transnational Law in the Jordanian legal system. The contribution of this article is not the analysis and mapping of a few competing approaches to international law, but the fact that it makes consciously repeated attempts to shape the private international law in Jordan on grounds that insure achieving balance, creativity, and innovation in many aspects related to party autonomy, legal certainty, sovereignty, and public policy.
Keywords: international jurisdiction, religious courts, custom and international custom, principles of private international Law- lex mercatoria.