private international law; conflicts of law; comity; jurisdiction; review of practice; functions of private international law; coordination of legal orders; extraterritoriality; theoretical approach; historical approach
Schultz Thomas, Ridi Niccolò (2020), How Comity Makes Transnationalism Work, in Zumbansen Peer (ed.), Oxford University Press, Oxford, 1.
SchultzThomas, MitchensonJason (2019), The History of Comity, in Jus Gentium – Journal of International Legal History
, 5, 383-418.
Schultz Thomas, Ridi Niccolò (2018), Comity in US Courts, in Northeastern University Law Review
, (2), 281-366.
SchultzThomas, MitchensonJason (2018), Rediscovering the Principle of Comity in English Private International Law, in European Review of Private Law
Schultz Thomas, Ridi Niccolò (2017), Comity: The American Development of a Transnational Concept, in Yearbook of Private International Law
, 18, 211-244.
Schultz Thomas, Ridi Niccolò (2017), Comity and International Courts and Tribunals, in Cornell International Law Journal
Schultz Thomas, Mitchenson Jason (2016), Navigating Sovereignty and Transnational Commercial Law: The Use of Comity by Australian Courts, in Journal of Private International Law
, 12, 344.
Schultz Thomas, Mitchenson Jason, Ridi Niccolò, The Principle of Comity in Private and Public International Law
, Cambridge University Press, Cambridge.
The basic aim of the project is to provide a better understanding of the role of the concept of comity (respect and non-interference among sovereigns) in the field of private international law. The project focuses mainly, but not exclusively, on commercial aspects of the field. The concept of comity is examined with regard to its current plain and hidden roles, and the potential roles that could be granted to it in the future. The project moves in five main parts: We first start with an historical investigation of the reasons and modalities of the use of comity in the past. In a second step, we examine how it is currently used in the practice of national and international courts, and what place it has in current private international law scholarship. Third, we seek to bring out the core meaning of the concept by drawing on its basic functions. In a fourth step, we use that understanding to assess and advance the existing theories on the functions of private international law itself. In the last phase of the project, we will bring these different strands of research together to elaborate a theory of comity as an interpretive principle for rules of private international law.