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

PDF · Colin B. Picker · Jul-20-2012 · 41 VAND. J. TRANSNAT'L L. 1083 (2008)

This Article provides the first application of the emerging mixed jurisdiction jurisprudence to a comparative analysis of international law.  Such a comparative law analysis is important today as the growth and increasing vitality of international juridical, administrative and legislative institutions is placing demands on international law not previously experienced.  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 national legal systems.  This Article seeks to rectify this problem by showing substantial congruence between international law and those national legal systems that may share many characteristics.  The Article argues that those states that fit best with international law are those that have been classified as mixed jurisdictions.  The result of this showing will be to open international law to the lessons leaned over the centuries by such mixed jurisdictions as Scotland, Louisiana, Quebec, South Africa and Israel.




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We are pleased to announce the 2013-2014 VJTL New Members

Coming up:

The Vanderbilt Journal of Transnational Law hosted a symposium called “The Role of Non-State Actors in International Law” at Vanderbilt University Law School in February 2013.

The October issue of the Journal will showcase articles by distinguished symposium guests including:

  • Mr. Ian Smillie, “Blood Diamonds and Non-State Actors”
  • Professor Jean d’Aspremont, “Cognitive Conflicts and the Making of International Law from Empirical Concord to Conceptual Discord in Legal Scholarship”
  • Professor Peter J. Spiro, “Constraining Global Corporate Power: A Very Short Introduction”
  • Professor Suzanne Katzenstein
  • Professor Peter Margulies
  • Professor Harlan G. Cohen

 

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