COEXISTENCE: FOREIGN ELEMENTS & SUBJECT MATTER JURISDICTION - 59 PJP 21

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  1. RECOMMENDED CITATION: DELA PEÑA, Mark Angelo S. (2024), “Coexistence: Foreign Elements and Subject Matter Jurisdiction,” 59 PJP 21, available at <insert link> (last accessed on <date>).
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The existence of a foreign element does not remove the case from the court’s jurisdiction. In other words, even if the court has the need to make a choice of law, it retains its jurisdiction which is a power granted by law.

The court’s power to hear cases and controversies is derived from the Constitution and the laws. While it may choose to recognize laws of foreign nations, the court is not limited by foreign sovereign law short of treaties or other formal agreements, even in matters regarding rights provided by foreign sovereigns.[1]

[1] Veitz, Jr. v. Unisys Corporation, 676 F. Supp. 99, 101 (1987), citing Randall v. Arabian Am. Oil. Co., 778 F. 2d 1146 (1985).