Conflict of laws 3.

War

- The principles of conflict of laws incorporated in

municipal laws are based not on the extraterritorial
validity of the law of a foreign state BUT ON COMITY
OF NATIONS.
Objective
Comity
- To provide rational and valid rules or guidelines in
- Is the recognition which one nation allows within its
deciding cases where either the parties, events or
territory to the legislative, executive or judicial acts of
transactions are linked to more than one jurisdiction.
another nation, having due regard both to
- Conflict of law rules aim to provide stability and
international duty and convenience, and to the rights
uniformity of solutions provided by the laws and courts
of its own citizens or of other persons who are under
of each state called upon to decide conflicts cases.
the protection of its laws.
Three distinct but interrelated issues in conflict of laws
Note:
1. Issue of adjudicatory jurisdiction
- Judgment rendered in a foreign country is allowed the
- Which determines the circumstances that allow for a
same effect ONLY as the courts of that country allow
legal order to impose upon its judiciary the task of
to the judgments of the country in which the judgment
deciding multi-state and multinational disputes.
in question is sought to be executed.
2. Issue of choice-of-law
- Judgment rendered in one country are not entitled to
- Refers to the probable sources from which the
full credit and conclusive effect when sued upon in this
applicable law of the controversy may be derived.
country, BUT are prima facie evidence only of the
3. Recognition and enforcement of foreign judgments
justice of the plaintiff’s claim.
- Deals with the study of situations which justify
- International law is founded upon mutuality and
recognition by the forum court of a judgment rendered
reciprocity.
by a foreign court or the enforcement of such within
Definition the forum.

a. Public International law Sources of conflict of laws

o Governs states in their relationships
- The primary sources of the law are found in the civil
amongst themselves.
codes of different countries.
1. One basic source of law in the Philippines is the 1987
b. Private International law
Constitution which contains principles on nationality and
o Governs individuals in their private
comity.
transactions which involve a foreign - Special Statutes
element. o Corporation Code;
Distinction o General Banking Act No. 337
o Act instituting the foreign currency system
- Sources of law RA 426
o Philippine foreign law guarantee
PUIL PRIL corporation
o Act regulating retail business
Article 38 of the Statute of International law of each o Anti-dummy law
the ICJ State o The nationalization of the rice and corn
industry
o Insurance Code
Note:
o Protection of intellectual property
- Conflict of law rules are therefore either: o Patent law
a. National conflict rules which refer to the o Trademark law
international law of each country; or o Carriage of goods by sea act
b. International conflict rules which constitutes o Salvage law
international conventions, foreign case law and o Public service act
commentaries interpreting these conventions. o Civil aeronautics act
o Philippine overseas shipping act
PUIL PRIL o Investment incentives act
o Export incentives act
Persons involved o Export incentives act
o RA 7722 – liberalizing the entry of foreign
only states and Individuals or corporations
banks in the Philippines.
internationally recognized
organizations
2. Treaties and international conventions
Transactions 3. Treatises, commentaries and studies of learned societies
- In interpreting statutes and codes involving conflict of
State-to-state or Relates to private laws, courts resort to works of distinguished jurists as
government-to-government transactions between well as studies of learned societies.
matters individuals 4. Judicial decisions

Remedies (in case of violation of international law)

1. Diplomatic protest; All the remedies are provided

2. peaceful means of by municipal laws of the
settlement of international state, such as resort to courts
disputes (diplomatic or administrative tribunals.
negotiations, arbitration or
conciliation, or
adjudication by filing a
case before international
tribunals)