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

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.‎