RIS ID

115951

Publication Details

C. Picker, 'Comparative legal cultural analyses of international economic law: insights, lessons and approaches' (2014) 6 Journal of International Economics 54-83.

Abstract

The effective development and operation of the law faces many obstacles. Among the more intractable but hidden barriers are legal cultural disconnects and discontinuities. These occur when opposing legal cultural characteristics from different legal cultures are forced to interact as part of the implementation of the law across two different legal cultures. That conflictual interaction can impede or block the successful implementation and development of the law. While present in domestic legal systems, those conflicts are more likely and the conflicts may be deeper between the many different legal cultures involved in the international legal order. This article aggregates and analyses the results from a series of related case studies applying a comparative legal cultural analysis to various aspects of international economic law. When brought together, it is clear that the methodology can be usefully applied to the international legal order, and specifically to international economic law. Furthermore, the various findings provide deep insights into the inner workings of the field as a whole, as well as of the individual areas examined. In addition, the case studies' successful employment of comparative legal cultural analysis revealed hitherto hidden insights into legal culture as well as into the methodology itself.

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