H.

EXTRATERRITORIALITY
- GR = laws are territorial in application
= mind of the law maker is limited to the territorial boundaries of his country when
he enacts the law.
= unnatural to make a law applicable to another state.
- XPN = extraterritorial, when so provided by the legislature.
- determinative test = legislative intent, pwede
- xpn = intrudes with the territorial integrity and sovereignty of another country.
- seen from the words words/phrases used in the statute
- may be explicit or implicit
- thus congressional records and debates may be examined.
- Example: Art. 15 and Art. 16
= these 2 provisions are explicit in providing extraterritorial application (“even
though living abroad” – art 15) & (regulated by the national law of the person
whose succession is under consideration, whatever may be the nature of the
property and regardless of the country wherein said prop. Maybe found – art. 16)
- Congress has the power over its citizens to provide for the application of local laws
over their person wherever they are.
- does not conflict with territorial sovereignty and integrity of another country
- practiced practically by all state.