Asked by moses munyai on Apr 25, 2024
Verified
Retail Operations, Inc., a U.S. firm, obtains a judgment in a U.S. court against Shinobu, Ltd., a Japanese business. Whether the court's judgment will be enforced by a court in Japan depends on the Japanese court's application of
A) the act of state doctrine.
B) the doctrine of sovereign immunity.
C) the principle of comity.
D) the Foreign Sovereign Immunities Act.
Sovereign Immunity
A legal doctrine that protects a sovereign state or its governmental units from being sued without its consent.
Act Of State Doctrine
A doctrine that provides that the judicial branch of one country will not examine the validity of public acts committed by a recognized foreign government within its own territory.
Principle Of Comity
The recognition and respect accorded by nations to the laws and judicial decisions of other nations, based on mutual respect and convenience, rather than obligation.
- Comprehend the enforcement of U.S. court judgments abroad and the principles affecting such enforcement.
Verified Answer
KW
Kirsten WernerApr 26, 2024
Final Answer :
C
Explanation :
The principle of comity refers to the recognition and enforcement of foreign legal judgments based on mutual respect among nations, rather than on a sense of legal obligation. In the context of international law, it means that a court in one country may choose to recognize and enforce the judgments of a court in another country, provided certain conditions are met. This principle is relevant when a U.S. court's judgment is sought to be enforced in Japan, as it would depend on whether the Japanese court decides to apply the principle of comity to recognize and enforce the U.S. court's judgment.
Learning Objectives
- Comprehend the enforcement of U.S. court judgments abroad and the principles affecting such enforcement.