How does comity encourage countries to recognize each other’s laws and judgments?
In the context of conflict of laws, comity is an ancient international principle that encourages countries to recognize each other’s laws and judicial decisions by positing that sovereign states should extend courtesies and privileges to one another. Similar to the Golden Rule, this practice fosters a relationship of mutual respect and friendliness between nations.12
By operating under the principle of comity, courts in one jurisdiction may choose to give effect to the laws or judgments of another, even in the absence of formal treaties. This recognition is often based on the understanding that such cooperation is a matter of international courtesy. However, this process is not absolute; national legal systems typically require that the rendering court had proper jurisdiction, that the parties received sufficient notice, and that the foreign law or judgment does not violate the public policy of the recognizing state. In some instances, countries may also condition this recognition on the requirement of reciprocity, limiting their cooperation to the extent that the other state is willing to do the same.123