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Paper Information

Journal:   PRIVATE LAW STUDIES   SUMMER 2010 , Volume 40 , Number 2; Page(s) 85 To 104.
 
Paper: 

A NEW APPROACH TO COMPARATIVE LAW AND ITS RELATION WITH INTERNATIONAL LAW

 
 
Author(s):  JALALI MAHMOUD*
 
* LAW DEPARTMENT, UNIVERSITY OF ISFAHAN
 
Abstract: 

The world of law has been dominated by waves of codification or recodification and by currents of harmonization and unification. Innumerable institutions, not only in Europe but around the globe including in Iran, try to bring legal systems together, and to suggest uniform laws. Such attempts necessarily rely on comparative law as the first methodological tool. The European experience is an illustrative of the role being played by comparative law at regional level. In line with this argument, comparative law serves international law in three different ways: first, it helps national lawyers to find out common rules as foundations for the unified global legal system. Second, for the sake of international justice, comparative law helps international tribunals dealing with international disputes not to declare a non-liquet. Third, comparative law plays a complementary role for international law through resort to 'general principles of law recognized by civilized nations' in filling possible gaps and making reforms in existing laws.

 
Keyword(s): COMPARATIVE LAW, INTERNATIONAL LAW, EUROPEAN UNION, INTERNATIONAL UNIFORM LAW
 
References: 
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