comitas gentium
In jurisprudence, actions, practices and rules are referred to as comitas gentium (people's custom, people's courtship) that are observed in international dealings between states because of their sovereignty based on friendship, neighborhood and mutual respect. It is characteristic of the comitas gentium that it aims at active interaction, i.e. goes beyond mere mutual recognition. The comitas gentium is neither legally nor in any other way binding. However, due to long practice it can become customary international law . At the same time, it goes beyond mere morality and courtesy , although it is sometimes referred to as ethnic courtesy. Classically, the comitas gentium includes the mutual renunciation of formalities as well as diplomatic customs.
It is disputed whether a comitas gentium exists between international organizations. In this respect, borrowings are usually made on the German concept of federal loyalty, which, in contrast to the comitas gentium, is of a legal nature.
Based on the concept of comitas gentium , the courts of some states have developed the judicial comity . It is an approach to justify the recognition and enforcement of foreign judgments . Other states, however, have created legal regulations for this and developed other justification approaches.
literature
- Anna-Marie Slaughter: A New World Order , 2005 - ISBN 978-1-400-82599-8 .
- Jenny S. Martinez: Towards an International Judicial System . In: Stanford Law Review 56 (2003), p. 429 ff.
- Yuval Shany: The Competing Jurisdictions of International Courts and Tribunals , 2004 - ISBN 978-0-199-27428-4 .
