III.

SOURCES OF INTERNATIONAL LAW

I. Codifications
The most recent codification of private international law are the following:
1. The Polish Code of Private International Law of 1926;
2. The Italian Code of 1938, enacted during the fascist regime of Mussolini; and
3. The Greek Code of March 1940. Because of the very high standard of modern Greek
jurisprudence, the Code is influential on legislations all over the world.

In our jurisdiction, the Civil Code, also known as Republic Act No. 386, was enacted in 1950. The first
chapter entitled, “Effect and Application of Laws,” devotes four articles to the subject. Said to be
reinstatement of the Spanish Civil Code, the Civil Code embodies some rules in Coflict cases, with the
exception that personal property is governed by the law of the country where it is situated intstead of
national law of the owner. However, no attempt was made to fill in the gaps of the Spanish Civil Code.
This may be owed to the “hurried passing” of the same, with legislators having minimal time to further
research and study the area of Private International Law.

Among other laws codifying conflict of laws cases are the Code of Commerce, which was extended to the
Islands by Royal Decree on 1888. Another is the Insurance Code, enacted by means of Presidential
Decree in 1974.

II. Special Legislation

Special legislations are regarded as a method by which the gaps left by codified laws are filled. In the
Philippines, Conflict rules through special legislation may be found in the following:

1. Foreign Investment Act of 1991

2. Corporation Code of the Philippines – the old corporation code contains no provision
regarding foreign corporations;
3. General Banking Act
4. Carriage of Goods by Sea Act
5. Investment Incentives Act
6. Export Incentives Act

III. Multilateral treaties and conventions

There are two methods of avoiding or at least, minimizing conflicts between the different legal
systems of the world regarding such matters as personal capacity, among others. The first is to secure
by international conventions or treaties the unification of internal rules or laws of the various
countries upon as may legal subjects as possible. One example is when nations agree, by a treaty, to
promulgate the same internal rules on legal capacity, marriage and divorce, many conflicts problems
with respect to those field will be eliminated.

An important example of this is the Warsaw Convention of 1929, which regulates by uniform rules,
the international carriage of persons or goods by aircraft. Any agreement by the parties to the contrary
us declared null and void. Another example is the 1980 UN Convention on Contracts for the
International Sale of Goods.

The secnd and more important method is to unify the rules of Private International Law, so that a case
involving a foreign element may be decided in the same way, irrespective of the forum or place of
litigation. One example of this is the Geneva Conventions of 1930, which laid down certain rules of

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 III. SOURCES OF INTERNATIONAL LAW

Private International Law with respect to bills of exchange and checks. Also included are the Geneva
Convention of 1923 and 1926 regarding arbitration clauses. Meanwhile, the Hague Conference in
1951 established a permanent bureau to prepare for regular international conferences in problems of
international law.

IV. Bipartite Treaties

In addition to multipartite treaties, numerous bipartite treaties had been entered into between
states since 1920. They seek to promote international intercourse by solving issues which
may arise among legal systems. The subjects treated in many of these treaties are status of
aliens, capacity of individuals and business organizations, judicial assistance, and
enforcement of foreign investments.

V. Case Law

Because of the inadequacy of codified laws in civil law countries, a body of case law
developed. In the Philippines, judicial decisions respecting matters involving Conflict of laws
fall under three categories: 1) those which are based on assumption that only Philippine
internal rules govern any problem; 2) those which adopt Anglo-American doctrines and
precedents without regard to the provisions contained in the Civil Code; and 3) those which
attempt to introduce Anglo-American rules and doctrines to harmonize them with established
Civil law principles.

VI. International Customs; Law of Nations

There are certain rules which have come through ages past and established. Among them is one of the
most practiced customary rule that an immovable property is governed by the law of the situ, that the
formalities of a legal act are governed by the law of the place where it is executed, and that a tort is
governed by the law of the place where the tortious act was committed. They are simply customary law of
a great majority of states.

The Law of Nations prescribes limits with respect to immunities of foreign sovereigns, diplomatic
officials and public property. It also dominates the law on territorial jurisdiction over marginal waters.
Another matter governed by such is those with respect to personal and property rights of aliens.

VII. The Constitution

The Philippine Constitution contains basic provisions on citizenship, upon which citizenship
and naturalization laws are based. These provisions are important not only because of the
nationality principle but because there are rights and privileges available to citizens that are
withdrawn from aliens.

VIII. Indirect Sources

Some writes regard natural law and works oand treatises of jurists and writers as indirect sources of
Private International Law. The theory of natural law presupposes ideals which every man should act
upon in terms of what he should do and ought not to do. However, it is regarded as unsafe practice for
them to be regarded as a source. However, in the United States, it cannot be denied that scholarly

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 III. SOURCES OF INTERNATIONAL LAW

works of Story, Savigny, and those of the Reinstatement, cannot be denied of its influence on the
American legislature and courts.

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