Legal Definitions - courtoisie internationale

Courtoisie internationale is the French term for international comity or international courtesy. It refers to the principle by which nations show mutual respect and deference to each other's laws, judicial decisions, and governmental acts, even when not strictly compelled to do so by international law or treaty. It is a voluntary practice based on goodwill, reciprocity, and the desire to foster friendly relations and avoid friction in international affairs. It is not a legally binding obligation but rather a matter of courtesy and convenience, often applied to promote cooperation and efficiency in cross-border matters.

Here are some examples illustrating courtoisie internationale:

• Example 1: Recognition of Foreign Divorces

  A couple legally divorces in Country A, where they resided. Later, one spouse moves to Country B and wishes to remarry. Even if there isn't a specific treaty requiring Country B to recognize divorces from Country A, a court in Country B might, out of courtoisie internationale, accept the validity of the divorce decree issued by Country A's court. This avoids forcing the individual to go through a new, potentially lengthy and costly, divorce process in Country B, showing respect for Country A's judicial authority and promoting legal certainty.

• Example 2: Diplomatic Protocol and Privileges

  When a head of state from Country X visits Country Y, Country Y's government might extend certain courtesies and privileges to the visiting delegation's non-diplomatic staff (e.g., security personnel, administrative assistants) that go beyond the minimum requirements of international treaties. For instance, they might facilitate expedited customs clearance or grant temporary immunity from minor local regulations. This is done not because Country Y is legally obligated to, but as a gesture of courtoisie internationale to honor the visiting head of state and foster good bilateral relations.

• Example 3: Cross-Border Regulatory Cooperation

  The aviation authority of Country P might permit an airline registered in Country Q to operate certain routes or use specific airport facilities within Country P's territory, even if there isn't a comprehensive, detailed bilateral air services agreement explicitly covering every operational aspect. This permission might be granted based on a general understanding of reciprocity and mutual respect for each other's regulatory frameworks. This act of courtoisie internationale facilitates international travel and commerce, demonstrating a willingness to cooperate beyond strict legal mandates.