Merging International Law and Comparative Law

Comparative and international health law.

Surrogacy in Comparative law; With Emphasis on French, Iranian, English and Greek Law

The surrogacy is one of the artificial reproductive technologies through third party interference, which has raised many legal debates. Studying the law of various countries around the world shows a variety of different legislative approaches in this regard. In this paper, I first categorize legal systems around the world in the field of surrogacy. I then review the laws and regulations of four...

The Use and Misuse of Comparative Constitutional Law (The George P. Smith Lecture in International Law)

This article examines the extent and nature of the use offoreign law in constitutional adjudication in common law systems outside the United States, with special reference to Australia. Demonstrating that the courts of other common law jurisdictions use foreign case law readily, naturally, and for a variety ofpurposes, the article reaches two broad conclusions: (1) as a generalization, other co...

Comparative Law and Language

Comparative law is law’s cybernetics, or “theory of messiness.” It attempts to steer through the messiness of the foreign by reordering it into the language of the familiar without betraying the original. It is needed urgently in contexts of unrecognized metamorphosis, and today metamorphoses are burgeoning in murky areas outside of law’s traditional categories of either the national or the int...

International Law, International Relations and Compliance

Commitments are a persistent feature of international affairs. Disagreement over the effect of international commitments and the causes of compliance with them is equally persistent. Yet in the last decade the long-standing divide between those who believed that international rules per se shaped state behavior and those who saw such rules as epiphenomena1 or insignificant has given way to a mor...