CHAPTER 1 –INTRODUCTION 2.

Choice of Law- refers to the applicable law to

the problem
International Law 3. Recognition and enforcement of judgments –
- Rules and principles of general application concerns enforcement of foreign laws and
dealing with the conduct of states and of judgments in another jurisdiction
international organizations and with their ** these are important to determine the applicable
relations inter se,as well as with some of their theories of law as well as the defenses available. NOTE:
relations with persons, whether natural or these phases were separate and distinct with each
juridical other
BRANCHES OF INTERNAL LAW *** lex loci celebrationis and contractus – not grounds
1. Public international law – governs relationship to question jurisdiction
of states and international conflicts *** forum non conveniens – not a defense to choice of
2. Private international law – comprehends laws
law
regulating private interactions across national
frontiers. It deals with conflict of laws among STEPS IN DETERMINING APPLICABLE LAW
the laws of two or more states and necessitates
1. Characterization – involves identification of the
a determination of which municipal law applies
to a case issue. What branch of law was implicated in the
problem?
DISTINCTION BETWEEN PUBLIC AND PRIVATE 2. Connecting Factors – Determination of which
INTERNATIONAL LAW jurisdiction has the most connection to the
case. Look at the nationality of parties, location
Public Private of the act of event, etc
As to source Based on Based on
International domestic or CHOICE OF APPLICABLE LAW
conventions, municipal laws.
custom, general Constitutions 1. Stipulation – parties may stipulate which law
principles of law and statutes will govern their contractual relation. Provided
recognized by adopted by
that such law be a local law and does not
civilized nation individual
violate public policy or laws of the forum
and judicial countries
decisions and
EXTRATERITORRIALITY
teachings of the
most highly - Depends on the legislative intent
qualified
- Applies Article 15-16, NCC
publicists of the
various nations In the case of Small v US
(Art. 38, ICJ Stat)
Source is same Not necessarily The law provides “unlawful for any person.. who
for all countries has convicted in any court...for a term..to possess
As to subjects International Individuals and
any firearm”
organizations corporations
ISSUE: W/N the unlawful gun possession statute
FOREIGN ELEMENT had extraterritorial application such that foreign
convictions are covered in its scope. NO
- most important component of COL
- anything which is not domestic and has a Rationale: Conviction is different among the states.
foreign component One may be convicted in a country for a crime
- foreigner, foreign corp, an incident happening which is not punishable in other country. Thus,
in a foreign country, foreign law chosen by the conviction for the said statute should not be
parties understood as one to reach beyond domestic
- Without this, the problem is domestic, no COL conviction.

PHASES IN CONFLICT RESOLUTION **when the statute gives no clear indication of an

extraterritorial application, it has none.
1. Jurisdiction – concerns the authority of a court
of law to take cognizance of a case FORUM NON CONVENIENS
 - Forum is not convenient
- Ex: chosen forum or the place where the suit is
filed has no substantial connection to the
parties or to the dispute that it becomes very
inconvenient to litigate the suit in the chosen
venue
- May be interposed by way of motion to dismiss
- A court in COL cases, may refuse impositions in
its jurisdiction on where it is not most
convenient or available forum and the parties
are not precluded from seeking remedies
elsewhere.
- It is discretionary. Court may renounce
provided that the vital facts are stablished to
determine whether special circumstance
requires the court’s desistance

In Puyat v Zabarte, SC enumerates the instances where

a court may desist from exercising jurisdiction:

1. The belief that the matter can be better tried

and decided elsewhere, either because the main
aspects of the case transpired in a foreign
jurisdiction or the material witnesses have their
residence there;
2. The belief that the non-resident plaintiff sought
the forum, a practice known as forum shopping,
merely to secure procedural advantages to
convey or harass the defendant
3. The unwillingness to extend local judicial
facilities to non residents or aliens when the
docket may already be overcrowded;
4. The inadequacy of the local judicial machinery
for effectuating the right sought to be
maintained
5. The difficulty of ascertain foreign law