:two_men_holding_hands: COMITY OF NATIONS = RECOGNITION A NATION ALLOWS WITHIN ITS TERRITORY TO LEJ ACTS OF ANOTHER
The extent to which the law of one nation, as put in force within its territory, whether by executive order, by legislative act or by judicial decree, shall be allowed to operate within the dominion of another nation, depends upon what our greatest jurists have been content to call "'the comity of nations." Although the phrase has been often criticized, no satisfactory substitute has been suggested.
"Comity," in the legal sense is neither a matter of absolute obligation, on the one. hand, nor of mere courtesy and good will, upon the other. But it is the recognition which one nation allows within its· territory, to the legislative, executive or judicial acts of another nation, having due regard both to international duty and convenience, and to the· rights of its own citizens or of other persons who are .under the protection of its law
(Hilton v. Guyot, 1895)
RATIONALE:
- INTERNATIONAL DUTY & CONVENIENCE
- RIGHTS OF ITS OWN CITIZENS OR OF OTHER PERSONS UNDER PROTECTION OF ITS LAW
There is no duty to recognize. There is a duty to improve commercial and international relations; if a state will not recognize each and every decision, all decisions will have to be relitigated.
PRIMA FACIE EVIDENCE:
FOREIGN JUDGMENTS ARE
PRIMA FACIE EVIDENCE OF THE TRUTH (WITHOUT ANY OBLIGATION TO RECOGNIZE)
When an action is brought in a court of this country, by a citizen of'.'1 foreign country against one of our own citizens, to cover a sum of money adjudged by a court of that country to be. due from the defendant to the plaintiff', and the foreign judgment: appears to have been rendered by a competent court having jurisdiction of the cause and of the parties, and 'upon due· allegations .and- proofs, and opportunity to defend . against them, and its proceedings are according to the course. of, a civilized jurisprudence, and . are · stated in a clear· and formal record, the judgment is prl:ma facie evidence, at least, of the truth· ot the matter 'adjudged; and it· should be held conclusive upon the merits tried in the. foreign court...
(Hilton v. Guyot)
UNLESS THERE IS:
- FRAUD
- PREJUDICE
- OTHER SPECIAL GROUND RECOGNIZED BY PRINCIPLES OF INT'L LAW & COMITY
...unless some special ground. is shown .. for impeaching the judgment, as by s.,howing that it was unaffected by fraud or prejudice, or . that, by the principles of-international law, and by the comity of our own country, it should -not be given full credit and effect
(Hilton v. Guyot)
WANT OF RECIPROCITY =
FOREIGN JUDGMENT NOT CONCLUSIVE, MERELY PRIMA FACIE
It is unnecessary for this case to determine whether the French judgment may. be impeached for fraud] because there -is a distinct .and independent ground upon which. we are satisfied that. the comity of our nation does not require. us to give conclusive effect to the judgments of the courts of France; and that ground is, the want of reciprocity, on the part of France, as to the effect to. be given to the judgments of this and other foreign countries.
(In this case, there is no treaty between the US and France that provides for the obligation to recognize a foreign judgment)
(Hilton v. Guyot) :
MUTUALITY & RECIPROCITY.
INT'L LAW IS BASED ON MUTUALITY & RECIPROCITY
international law is founded upon mutuality and reciprocity, and that by the principles of international law recognized in most civilized nations, and by the comity of our own country, which it is our judicial duty to know and to .declare, the judgment is not entitled to be considered conclusive
MA'AM:
COMITY :first_quarter_moon: = RECOGNITION
RECIPROCITY " :full_moon: = RECOGNITION BY BOTH! OF EACH OTHER!
“What is the difference between mutuality & reciprocity?”
Comity is recognition of a state to another state’s act/law
The recognition is comity, but reciprocity is when both states recognize the laws