Applying the Law in the National, International and European Context: Applied Global Legal Pluralism

Montesquieu Law Review (French law review in English), 2016, issue 4, pp. 44-62

Oxford Legal Studies Research Paper No. 70/2013

17 Pages Posted: 13 Jul 2013 Last revised: 27 May 2016

See all articles by Genevieve Helleringer

Genevieve Helleringer

University of Oxford - Institute of European and Comparative Law; ESSEC Business School; European Corporate Governance Institute (ECGI)

Jean-Sylvestre Bergé

Institut Universitaire de France; Université de Nice - Côte d'Azur

Date Written: July 1, 2013

Abstract

The application of the law, in the variety of global legal situations, has its own dynamism. It cannot result from the mere application of a method or a legal solution at a given moment, in a predetermined space and on a predetermined level, by a duly identified actor. It must be grasped in one movement. In a single situation, several laws must sometimes be mobilised, alternatively, cumulatively, at the same time or at different moments, in one or several spaces or on one or several levels, by one or by multiple actors. This distinctive dynamic, which the lawyer must be conscious of when passing from one context – national, international or European – to another, has an influence over the law, its uses and, sometimes, its content. The present working paper is a general introduction to this approach: it will be followed by three further papers specifying the different steps to be followed: the comparison, combination and hierarchization of the methods and solutions of national, international and European law that the lawyer must use to resolve his case.

Suggested Citation

Helleringer, Genevieve and Bergé, Jean-Sylvestre, Applying the Law in the National, International and European Context: Applied Global Legal Pluralism (July 1, 2013). Montesquieu Law Review (French law review in English), 2016, issue 4, pp. 44-62; Oxford Legal Studies Research Paper No. 70/2013. Available at SSRN: https://ssrn.com/abstract=2293290 or http://dx.doi.org/10.2139/ssrn.2293290

Genevieve Helleringer (Contact Author)

University of Oxford - Institute of European and Comparative Law ( email )

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ESSEC Business School ( email )

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European Corporate Governance Institute (ECGI) ( email )

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Belgium

Jean-Sylvestre Bergé

Institut Universitaire de France ( email )

Paris
France

Université de Nice - Côte d'Azur ( email )

Nice
France

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