International Law's Mixed Heritage: A Common/Civil Law Jurisdiction

Abstract:     
This article spans the fields of comparative and international law as it undertakes a comparative analysis of the character and nature of international law. In so doing, the article employs the new and dynamic scholarship associated with the study of the Mixed Jurisdictions of the world (those legal systems that comprise a mix of the common and civil law legal systems, such as Scotland, Louisiana, Quebec, South Africa and Israel).

As international law increasingly searches for solutions to the problems associated with its new institutions and participants, the comparative analysis provided in this article will allow international law scholars to consider solutions already employed by the Mixed Jurisdictions.

Number of Pages in PDF File: 56

Keywords: Comparative law, International law, Mixed jurisdictions, Common law, Civil law, Domestic legal systems, Sovereignty, Domestic law, Customary international law, Dual character, Treaty law, Public law, Private law

JEL Classification: K00, K10, K19, K30, K33, K40

Accepted Paper Series