There is increasing disquietude, both among authors and practising lawyers, as regards the application of private international law on the basis of Von Savigny's doctrine, i.e. the principle that international legal relations are subject to the law of the country where such a relation has its “natural seat”: a study has therefore been undertaken as to the merits and practical applicability of this doctrine.
Such a study must start from a consideration of factual relationships and the actual interests stemming from such relationships. Where man admits to the existence of ethical norms for his behaviour, he necessarily finds himself confronted with obligations derived from these norms, but he also derives therefrom positive rights exercisable against his fellows; his inborn sense of justice is his criterion in determining where such rights lie. If his claims to such rights are indeed to be admitted, their validity must be tested against the legal rules which regulate mutual relations within a defined community; in the case of international relationships the question arises as to the criteria to be used in identifying the law to be applied, i.e. in determining within which complex of contacts the specific relation concerned can be said to lie, and hence where its “centre of gravity” or its “natural seat” is to be found.