Comity
From Wikipedia, the free encyclopedia
Comity is a term used in international law (and in the law governing relations between U.S. states) to describe an informal principle that nations will extend certain courtesies to other nations, particularly by recognizing the validity and effect of their executive, legislative, and judicial acts. This principle is most frequently invoked by courts, which will not act in a way that demeans the jurisdiction, laws or judicial decisions of another country. Also, comity in the context of professional licensure, refers to one jurisdiction granting credit for experience earned, and exams passed, in a different jurisdiction.[1]
Part of the presumption of comity is that other nations will reciprocate the courtesy shown to them. Many statutes relating to the enforcement of foreign judgments require that the judgments of a particular country will only be recognized and enforced by a forum to the extent that the other country would recognize and enforce the judgments rendered by that forum.
However, comity should not be misinterpreted as implying that all laws are of universal jurisdiction. In many countries, comity is effective only to the extent that foreign laws or judgments do not directly conflict with the forum country's public policy. For example, the United States of America will not enforce foreign judgments that present a direct conflict with the strong U.S. public policy in favor of free speech.
[edit] History
The principle of comity first arose through the work of a 17th-century Dutch jurist, Ulrich Huber. It was subsequently refined by the American judge Joseph Story.
[edit] References
- ^ Licensure by Comity. National Society of Professional Engineers (2006). Retrieved on 2006-07-18.
