78 For these reasons, I have no difficulty in holding on the facts agreed upon for the purpose of this appeal, that the counts of fraud with which the appellant is charged may properly be prosecuted in Canada, and I see nothing in the requirements
of international comity that would dictate that this country refrain from exercising its jurisdiction.
Cultural norms which harm people are tolerated in the interests
of international comity.
The Justice referred to City of Mecca (1879), 5 P D 28 where Sir Robert Phillimore held that the English Court of Admiralty could and ought to enforce an in rem judgment of a Foreign Admiralty Court, on the grounds
of international comity (reversed on appeal not on a point of law, but because, like the subject case, the foreign judgment was in personam only.)
One federal appeals court has held that decisions of the courts of foreign nations under the Convention are not entitled to full faith and credit; however, they are entitled to deference under principles
of international comity.
These rather compelling argument, which addressed critical issues
of international comity in the context of the securities markets, were supported by one of the leading securities regulation experts in the U.S.
Landsbanki's counsel submitted that the court should stay Jefferies» debt claim on the grounds
of international comity: the purpose of the moratorium was to benefit the entire class of Landsbanki creditors by protecting it from claims during the reorganisation process.
The treaty is considered a model
of international comity and scientific success.
Not exact matches
The Nigerian ambassador pledged that the missions» would continue to bring their expertise to bear on the
international stage so as to lift the flag
of Nigeria high among the
comity of nations.
The ICRW [
International Convention for the Regulation
of Whaling] was born in the same spirit
of comity and acknowledgment
of the rule
of law that motivated the founding
of the United Nations and the ICJ.
International comity prevents disclosure
of prosecution documents in family proceedings, as David Burrows reports
For example, though not explicitly stated in this decision, the high thresholds that must be met in order to refuse the recognition
of an arbitral award in Ontario may represent the Court reinforcing their commitment to
international comity in light
of globalization trends.
-- Whether the case is interprovincial or
international in nature, and
comity and the standards
of jurisdiction, recognition and enforcement prevailing elsewhere are relevant considerations, not as independent factors having more or less equal weight with the others, but as general principles
of private
international law that bear upon the interpretation and application
of the real and substantial connection test.
The more troubling aspect
of Chevron is how courts will effect
international comity, and how much scrutiny will be applied to the underlying decision which is being enforced.
There is an established line
of Strasbourg jurisprudence which holds that restrictions on the access to court
of embassy staff engage Article 6, but can be justified with reference to «the legitimate aim
of complying with
international law to promote
comity and good relations between States» (Sabah El Seil v France (2012) 54 EHRR 14, at [52]-RRB-.
The case has drawn interest from more than a dozen interveners, including the Attorneys General
of Ontario and Canada, as well as a number
of civil rights and media organizations, who have weighed in on how such an order would affect free speech rights,
international comity, and access to justice.
Lord Mance (with Lords Neuberger, Clarke, Wilson and Lady Hale) held that the principle
of state immunity (as provided for in both customary
international law and the State Immunity Act 1978) was based on the sovereign equality
of states and
international comity.
The C.A. below failed to consider the principle
of comity and Canada's
international obligations.
International comity or not, the domestic courts will not rubber stamp ill - reasoned decisions
of the European Court.
The recognition and enforcement
of foreign judgments is typically something determined by local law as well as
international comity and reciprocity.
There is a long - established legal presumption that a statute should be interpreted and applied, as far as its language admits, so that it is not inconsistent with the
comity of nations and established rules
of international law.