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Chapter 1 Preliminary Consideration Confict of Laws that part of the municipal law of a state which directs its courts

ts and administrative agencies, when confronted with a legal problem involving a foreign element, whether or not they should apply a foreign law or foreign laws. Elements: 1. 2. 3. 4. COL is part of the municipal law of the state There is a directive to court and aa There is a legal problem involving a foreign element There is either an application or non-application of foreign law or foreign laws.

When effect is given to a foreign law in any territory, it is only because the municipal law of that state temporarily abdicates its supreme authority in favor of the foreign law, which, for the time being, with reference to that particular matter, becomes itself, by will of that state, its municipal law. Importance of subject: 1. To adjust conflicting rights in international, mercantile, and corporate transactions; and 2. To solve personal, family, property, and successional, contractual problems, possessed of facts or elements operating in two or more states. Cause for conflicts problems variance in the municipal laws o the countries involved. Specific Aims of COL Functions: 1. Determination of which country has jurisdiction; 2. Applicability to a particular case of either the local or foreign law; 3. Determination of the force, validity, and effectiveness of a foreign judgment. Three Questions: 1. Jurisdiction 2. Choice of Law 3. Applicability of a foreign judgment Why COL is Observed: 1. States observe it because it is part of their own municipal law. 2. Individual citizens observe it because of fear of municipal sanctions. Defects of Name of COL: 1. Stresses conflict 2. There may be no conflict at all 3. Conflict of jurisdiction not taken into account COL and Law of Nations Distinguished

COL Municipal in character Dealt in by private individuals Transactions are privates ones between private individuals Remedy is to resort to municipal tribunals. LON International in character Parties sovereign states and other entities with international personality Transactions generally affect public interest Remedies may be peaceful or forcible Dualist School of Thought believes that the two subjects are worlds apart. Monist School of Thought believes that both COL and LON are in essence identical for both of them manifest a single concept of law, ultimately addressed to the same individual. Overlap of COL and LON 1. Question of Citizenship and Nationality 2. Should there be a treaty obliging a state to apply foreign law to certain cases, the state is of necessity compelled to abide by such treaty. 3. If State A should recognize the government of State B, State B is automatically given permission to sue in the courts of the former. Baer vs. Hon. Tizon, 1974 A Filipino granted a timber license cannot conduct a loging operation within a US Military Base when the Commander thereof refuses to grant permission. To sue him would amount to a suit against the US Government, which has merely acted on the basis of its treaty stipulations with the Philippines. Southeast Asian fisheries Development Center v. NLRC, 1992 Insofar as permanent international commissions and administrative bodies created by agreement of a considerable number of States are autonomous and beyond the control of any one State, they have a distinct juridical personality independent of the municipal law of the State where they are situated. Direct Sources of COL: 1. 2. 3. 4. Constitutions Codifications Special Laws Treaties and Conventions Hague Conventions of 1896, 1902, and 1905

5. Judicial Decisions 6. International Customs lex situs, lex loci celebrationis, lex nationalii, principle of territoriality (criminal law), and principle of generality (criminal law) * Principle of Territoriality the place where a crime has been committed has jurisdiction to try the offense that has been committed. * Principle of Generality criminal laws of a country bind both the citizens and aliens who are in the said country or territory * exceptions to principle of generality Principles of Public International Law, and Presence of Treaty Stipulations * Paras: If a treaty is contrary to a signatorys national constitution, the international legal order demands faithful compliance with the treaty, to avoid international embarrassment. Indirect Sources of COL: 1. Natural Moral Law rule of human conduct implanted by god in our nature and in our conscience, urging us to do whatever is right and avoid whatever is evil. 2. Works of writers ex. Westlake, Falconbridge, Rabel, Story, Goodrich

Chapter 2 What The Tribunals of the Forum Must Do Alternatives Given to the Court 1. When a tribunal does not possess jurisdiction, it has no alternative but to dismiss the case. 2. When a tribunal possesses jurisdiction, it may: a. Refuse to assume juris/n on the ground of forum non conveniens; or b. Assume juris/n in which case it may either: i. Apply the internal law of the forum (lex fori); or ii. Apply the proper foreign law (lex causae) Jurisdiction the authority of a tribunal to hear and decide a case. Power to hear + power to enforce. In COL: + possible enforceability in foreign states. Court of the forum decides whether it has juris/n or not. Kinds of Jurisdiction: 1. Jurisdiction of the