Comity
Comity
? Recognition which one action extends w/in its own territory to the legislative, exec, or judicial acts of another. It's not a rule of law, but one of practice, convenience, and expediency. More than courtesy, less than obligation
? Show due regard for another state's expression of understanding for international duty
? BUT it's limited. Comity will be withheld when it would be prejudicial to an interest of the U.S. (e.g. if it would violated 1st amendment)
? Equity principle (Criticized for being a conclusion not a principle)
? Somporex- Ct recognized UK judgment por comity
Reasons for Comity
? Reciprocity, justice, reasonable expectation of the businesses, stability, efficiency, inconsistent judgments
Choice of Law
Steps to take in a conflict (is this order right?)
? 1. Is there a conflict between the choices of law? Is there an actual conflict?
o Look at the two laws to see if they conflict
? 2. Choice of law rule
o use the forum's procedural choice of law rule to determine what choice of law rule is used
o In NY, they use the greatest interest analysis- who has the greatest interest in the case (very fact specific). Other types are: apply the forum where the case is, P's nationality, forum where the breach occurred
? 3. Decide whose law applies
Karaha- Indonesian oil drilling co. NY ct still does the interest analysis. Indo vs. NY interests
Bills of Lading and INCOTERMS
Bill of Lading
? Document of title- Whoever ho ...