The New Role Of Comity In Private Procedural International Law
The New Role Of Comity In Private Procedural International Law
Martínez-Fraga, Pedro J.
In this work Mr. Martinez-Fraga proposes a novel understanding of the doctrine of comity beyond the classical definition of a precept that is more than a courtesy but not one that rises to the level of a normative obligation. By reconfiguring the doctrine as one that occupies a new "normative space" with an incident rubric that purports to condition its application on considera...
Sinopsis
In this work Mr. Martinez-Fraga proposes a novel understanding of the doctrine of comity beyond the classical definition of a precept that is more than a courtesy but not one that rises to the level of a normative obligation. By reconfiguring the doctrine as one that occupies a new "normative space" with an incident rubric that purports to condition its application on consideration of party autonomy, national interests, and the interests of the international community in devising norms that foster uniformity, reasonableness, party autonomy, and predictive value, comity is raised to the level of a principle capable of unifying private procedural international law with respect to the more salient Anglo-American contributions in this field.
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