Comity and International Courts and Tribunals
58 Pages Posted: 24 Apr 2017 Last revised: 9 Jun 2017
Date Written: April 24, 2017
Comity plays an important and underestimated role in many efforts to coordinate legal regimes. In this regard, it has a place in the theory and practice of modern public international law adjudication. Its exact place is what this article seeks to examine. It starts with a conceptual discussion of comity in private and public international law, then reviews the types of problems for which its use has been considered, and finally discusses and classifies all the publicly available decisions by international courts and tribunals using the term ‘comity’.
Keywords: comity, international courts and tribunals, international adjudication, coordination of legal regimes, public international law, private international law, deference, legal obligation, non-interference, multiple proceedings, respect and recognition, precedent, cooperation
JEL Classification: K33, K41
Suggested Citation: Suggested Citation