Comity and International Courts and Tribunals

58 Pages Posted: 24 Apr 2017 Last revised: 9 Jun 2017

See all articles by Thomas Schultz

Thomas Schultz

King's College London; University of Geneva; Graduate Institute of International and Development Studies (IHEID) - Geneva Center for International Dispute Settlement (CIDS); Graduate Institute of International and Development Studies

Niccolò Ridi

King’s College London, Dickson Poon School of Law; Graduate Institute of International and Development Studies (IHEID); University of Liverpool School of Law and Social Justice

Date Written: April 24, 2017

Abstract

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

Schultz, Thomas and Ridi, Niccolò, Comity and International Courts and Tribunals (April 24, 2017). Cornell International Law Journal, Vol. 50, No. 3, 2017; King's College London Law School Research Paper No. 2017-24. Available at SSRN: https://ssrn.com/abstract=2957570

Thomas Schultz (Contact Author)

King's College London ( email )

Somerset House East Wing
Strand
London, WC2R 2LS
United Kingdom

University of Geneva ( email )

102 Bd Carl-Vogt
Genève, CH - 1205
Switzerland

Graduate Institute of International and Development Studies (IHEID) - Geneva Center for International Dispute Settlement (CIDS) ( email )

Villa Moynier
Rue de Lausanne 120b
Geneva, 12011
Switzerland

Graduate Institute of International and Development Studies ( email )

Geneva
Switzerland

Niccolò Ridi

King’s College London, Dickson Poon School of Law ( email )

Strand
United Kingdom

Graduate Institute of International and Development Studies (IHEID) ( email )

PO Box 136
Geneva, CH-1211
Switzerland

University of Liverpool School of Law and Social Justice ( email )

Liverpool
United Kingdom

HOME PAGE: http://https://www.liverpool.ac.uk/law/staff/niccolo-ridi/

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