Beyond the Usual Suspects: Application of the Mixed Jurisdiction Jurisprudence to International Law and Beyond

Abstract

This peer-reviewed Article applies the ever more sophisticated Mixed Jurisdiction scholarship to a comparative law analysis of international law. In so doing, the Article shows both that this emerging scholarship has vitality outside its traditional jurisdictions as well as provides useful analysis for those engaged in the study and development of international law.

The rationale for this Article lies in a concern that international law has reached a turning point, perhaps even a crisis point. The growth and increasing vitality of international juridical, administrative and legislative institutions is placing demands not previously experienced or considered upon international law.

For the most part international law is unsure where to look for help in coping with these new stresses. In significant part this isolation can be attributed to a general view among international law scholars that international law is sui generis, and hence there is little to be gained from looking for ideas from national legal systems. In other words, there is a view that traditional comparative analysis will not help the development of international law. This Article seeks to rectify this problem by showing substantial congruence between international law and those national legal systems that can be classified as Mixed Jurisdictions.

Keywords: Mixed jurisdictions, Comparative law, International law, International legal institutions, Civil law, Common law, Public law, Private law, Dual character

JEL Classification: K10, K30, K33, K40