The comity of nations and repugnant foreign law

Abstract

The body of rules gathered under the head, of Gonflictof Laws are concerned with those cases that come before English or New Zealand Courts which contain some foreign element, which rules, in many cases, require the Court to apply an appropriate foreign law in pursuance of international comity see footnote 41 as to this use of the expression "international comity". On considering a number of these rules one finds on occasion a Court making an exception to its obligation to recognise a foreign law in saying that "whereas the rules of private international law make this foreign law applicable, the circumstances of this foreign law allow us to disregard it". This thesis is primarily concerned with a consideration of the factors that will so allow a Court to ignore a foreign law/.