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Comparative legal cultural analyses of international economic law: insights, lessons and approaches

Journal Article


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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.

Publication Date


  • 2014

Citation


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

Ro Full-text Url


  • http://ro.uow.edu.au/cgi/viewcontent.cgi?article=4134&context=lhapapers

Ro Metadata Url


  • http://ro.uow.edu.au/lhapapers/3122

Number Of Pages


  • 29

Start Page


  • 54

End Page


  • 83

Volume


  • 6

Place Of Publication


  • India

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.

Publication Date


  • 2014

Citation


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

Ro Full-text Url


  • http://ro.uow.edu.au/cgi/viewcontent.cgi?article=4134&context=lhapapers

Ro Metadata Url


  • http://ro.uow.edu.au/lhapapers/3122

Number Of Pages


  • 29

Start Page


  • 54

End Page


  • 83

Volume


  • 6

Place Of Publication


  • India