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3 - How Comity Makes Transnationalism Work
from Part I - Transnational Law
- By Thomas Schultz, Niccolò Ridi
Edited by Peer Zumbansen, King's College London
Book:

The Many Lives of Transnational Law

Published online:

18 March 2020

Print publication:

02 April 2020, pp 88-102
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Summary

This article argues that the concept of comity plays an important role in making transnational things work – the global market, hyper-politicised situations, the proliferation of international courts and tribunals, and legal harmonisation and coordination across borders. The idea is that comity might not contribute much to the construction of a clean theoretical edifice, one that agrees with binary, Cartesian, logical thinking. True. It might even undermine such a construction. But it helps to just make things work. This indeed is why comity was developed in the first place – that is, to make sovereignty work in the face of the pragmatic transnationalism that characterises so much of real-world life. The article starts with sovereignty – a nice and clean idea in theory that required comity to work well in practice – and then proceeds with a discussion of how comity helps the operations of the transnational things just mentioned.