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Title

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

Writers

JALALI MAHMOUD

Pages

 Start Page 85 | End Page 104

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.

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