Search results
Results From The WOW.Com Content Network
[12] Huber "believed that comity was a principle of international law" but also that "the decision to apply foreign law itself was left up to the state as an act of free will." [ 10 ] Huber did not believe comity was a stand-alone principle but rather saw it as a basis for building concrete rules and doctrines of law. [ 13 ]
Article 38(1) of the Statute of the International Court of Justice is generally recognized as a definitive statement of the sources of international law. [2] It requires the Court to apply, among other things, (a) international conventions, whether general or particular, establishing rules expressly recognized by the contesting states; (b) international custom, as evidence of a general ...
The sources of international law include international custom (general state practice accepted as law), treaties, and general principles of law recognised by most national legal systems. Although international law may also be reflected in international comity —the practices adopted by states to maintain good relations and mutual recognition ...
The underlying principles, such as basing respect given to foreign courts on reciprocal respect or comity, also apply in civil law systems in the form of the legal doctrine of lis alibi pendens. Forum non conveniens is not exclusive to common law nations: the maritime courts of the Republic of Panama , although not a common law jurisdiction ...
Under international law, this authority is part of the doctrine of comity. The court will invoke comity by its discretion and will usually look to two factors before using its discretionary powers: did the foreign court have jurisdiction, and were fair procedures used in adjudicating the case? Under English law, it is the doctrine of obligation.
The only limits to application of pacta sunt servanda are the peremptory norms of general international law, which are denominated "jus cogens", i.e. compelling law. The legal principle of clausula rebus sic stantibus in customary international law also permits non-satisfaction of obligations pursuant to treaty because of a compelling change of ...
China has consistently claimed that a basic principle of international law is for states and their property to have absolute sovereign immunity. China objects to restrictive sovereign immunity. It is held that a state can waive its immunity by voluntarily stating so, but that should a government intervene in a suit (e.g. to make protests), it ...
Hilton v. Guyot, 159 U.S. 113 (1895), was a United States Supreme Court case where the Court ruled that the recognition and enforceability of a foreign judgment rested on the "comity of nations," namely whether there would be any reciprocity and mutual recognition by the foreign jurisdiction from which the judgment was issued.