International Law's Mixed Heritage: A Common/Civil Law Jurisdiction
Colin B. Picker
University of New South Wales (UNSW) - Faculty of Law
Vanderbilt Journal of Transnational Law, Vol. 41, 2008
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
Date posted: April 25, 2008 ; Last revised: January 23, 2014