comity of nations

Comity of nations doctrine permits the recognition of foreign proceedings to the extent that such proceedings are determined to be orderly, fair, and not detrimental to another nation’s interests. Unlike enforcement of judgments between states in the United States (which is governed by the Comity Clause of the Constitution - Article IV, § 2), there is no Constitutional obligation on a court in the U.S. to recognize or enforce a foreign judgment. Neither is comity of nations embodied in international law. However, sovereign nations still use comity of nations for public policy reasons.

Under comity of nations, a reviewing court does not reopen cases that have already been heard in other courts; instead, it examines the foreign judicial system. After considering factors (such as fairness and impartiality of that foreign system, the foreign court’s personal jurisdiction over the defendant, the existence of subject matter jurisdiction, and the presence of fraud), the reviewing court might choose to respect and enforce that foreign court’s judgments. A court should decline to exercise jurisdiction under certain circumstances in deference to the laws and interests of another foreign country.

[Last reviewed in February of 2026 by the Wex Definitions Team] 

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