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[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 ...
Many states continue to recognize the principle of comity as the underpinning of private international law such as in Canada. [19] In some countries, such as the United States of America and Australia, the principle of comity is written into the State's constitution. [20]
In the federal circuit court case of Corfield v.Coryell, [1] Justice Bushrod Washington wrote in 1823 that the protections provided by the clause are confined to privileges and immunities which are, "in their nature, fundamental; which belong, of right, to the citizens of all free governments; and which have, at all times, been enjoyed by the citizens of the several states which compose this ...
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.
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 ...