RICHER PRIVATE INTERNATIONAL LAW JURISPRUDENCE IN THE US, EUROPE - 23 PJP 21 (2024)

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  1. RECOMMENDED CITATION: DELA PEÑA, Mark Angelo S. (2024), “Richer Private International Law Jurisprudence in the US, Europe,” 23 PJP 21, available at <insert link> (last accessed on <date>).
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Reason for US and Europe’s richer jurisprudence on private international law

It may be noticed that Philippine jurisprudence is not as rich in conflict of laws decisions as the US or as European countries. The reason for this is the geographical situation of the Philippines.

In the US and in Europe, movement of persons and property across state lines is normal, if not rampant, as a result of the fact that their states are adjacent to or neighboring each other. In the Philippines and in Japan, and in other archipelagic states, such movement is limited by the requirement of travel by plane or by ship.

For example, citizens of Kentucky may, by foot or by wheels, easily visit and bring property into states north of it such as Illinois, Indiana, and Ohio. They may also do the same for states south of Kentucky as such as Arkansas, Tennessee, and Alabama. On the other hand, it is an entirely different situation for bodies of water studded with islands such as the Philippines and Japan.

As a result of the geographical setup of the Philippines, the Supreme Court is seldom confronted with conflict of laws disputes that reach its dockets. This is also the reason why the study of private international law in Philippine law schools involves as well a study of foreign jurisprudence such as the case of Small v. United States, Pennoyer v. Neff, and many more.

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