TY - CHAP

T1 - Comity

AU - Dornis, Tim W.

PY - 2017/7

Y1 - 2017/7

N2 - In this entry, which is part of the forthcoming Encyclopedia of Private International Law (edited by Jürgen Basedow, Franco Ferrari, Pedro de Miguel Asensio, & Giesela Rühl, Edward Elgar, forthcoming 2017), I explore the doctrine of international comity in private international law and conflicts law. The notion of comity is often employed in public international law where it denotes acts, practices, and rules of goodwill, amity, and courteous treatment habitually observed by nation-states in their interactions with one another. With respect to private international law, or conflict of laws, the issue is far less settled. There, comity is seen as the historical nucleus of private international law doctrine. But beyond this, the nature and functions of comity are unclear. It is particularly comity’s lack of structure, its doctrinal incompleteness, and the dearth of practical guidelines that cause problems.

AB - In this entry, which is part of the forthcoming Encyclopedia of Private International Law (edited by Jürgen Basedow, Franco Ferrari, Pedro de Miguel Asensio, & Giesela Rühl, Edward Elgar, forthcoming 2017), I explore the doctrine of international comity in private international law and conflicts law. The notion of comity is often employed in public international law where it denotes acts, practices, and rules of goodwill, amity, and courteous treatment habitually observed by nation-states in their interactions with one another. With respect to private international law, or conflict of laws, the issue is far less settled. There, comity is seen as the historical nucleus of private international law doctrine. But beyond this, the nature and functions of comity are unclear. It is particularly comity’s lack of structure, its doctrinal incompleteness, and the dearth of practical guidelines that cause problems.

KW - Law

KW - international comity

KW - comitas gentium

KW - private international law

KW - public international law

KW - choice of law

KW - conflict law

KW - C.F. v. Savigny

KW - J.Story

KW - Hilton v. Guyot

UR - http://www.e-elgar.com/shop/encyclopedia-of-private-international-law

U2 - 10.4337/9781782547235.C.18

DO - 10.4337/9781782547235.C.18

M3 - Contributions to collected editions/anthologies

SN - 978-1-78254-722-8

VL - 1

SP - 382

EP - 391

BT - Encyclopedia of Private International Law

A2 - Basedow, Jürgen

A2 - Ferrari, Franco

A2 - Rühl, Giesela

A2 - de Miguel Asensio, Pedro

PB - Edward Elgar Publishing

CY - Cheltenham

ER -