ADJUS-121 Lecture 31: Adjus-121 - Lecture 31
26 Oct 2020
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Document Summary
Related to the principle of equality is the concept of comity of nations. Comity: informal acts performed and rules observed by states in their mutual relations out of politeness, rather than strict legal obligation. When cited by courts, comity is more a principle of interpretation than a rule of law because it does not arise from formal obligations. The deference and respect due by other states to the actions of a state legitimately taken within its territory . Where our laws statutory and constitutional could have an impact on the sovereignty of other states, the principle comity will bear on their interpretation. Court has also noted the importance of comity as a tool in the interpretation of canadian law in stations where it affects other sovereign states. International law is a positive legal order, whereas comity, a nature of a principle of interpretation, is based on a desire for states to act courteously towards one another.
