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About Comparative International Law
Product Description By definition, international law, once agreed upon and consented to, applies to all parties equally. It is perhaps the one area of law where cross-country comparison seems inappropriate, because all parties are governed by the same rules. However, as this book explains, states sometimes adhere to similar, and at other times, adopt different interpretations of the same international norms and standards. International legal rules are not a monolithic whole, but are the basis for ongoing contestation in which states set forth competing interpretations. International norms are interpreted and redefined by national executives, legislatures, and judiciaries. These varying and evolving interpretations can, in turn, change and impact the international rules themselves. These similarities and differences make for an important, but thus far, largely unexamined object of comparison. This is the premise for this book, and for what the editors call "comparative international law." This book achieves three objectives. The first is to show that international law is not a monolith. The second is to map the cross-country similarities and differences in international legal norms in different fields of international law, as well as their application and interpretation with regards to geographic differences. The third is to make a first and preliminary attempt to explain these differences. It is organized into three broad thematic sections, exploring: conceptual matters, domestic institutions and comparative international law, and comparing approaches across issue-areas. The chapters are authored by contributors who include leading international law and comparative law scholars with diverse backgrounds, experience, and perspectives. Review "This well-structured volume assembles an impressive roster of contributions to the intriguing new field of comparative international law. The chapters approach the topic from a variety of perspectives, some theoretical, some comparing various legal systems, and others focused on a particular area of substantive law or a particular institution. By reminding those of us who practice public international law that we are also-inevitably-comparatists, the book makes a compelling case for greater use of insights gleaned from the comparative method." - Judge Joan Donoghue, International Court of Justice "The starting point of this valuable volume is that, notwithstanding the universal character of international law, different national perceptions matter in its identification, interpretation, and application. It demonstrates that, by embracing a variety of theoretical perspectives and methodological approaches, a comparative study of international law is capable of leading to a range of new insights, particularly in relation to the evolution of the law. This publication is an important step in the development of 'comparative international law' and it is likely to be highly influential in both the study and the practice of the law." - Lord Lloyd-Jones, Supreme Court of the United Kingdom "This volume is indispensable to anyone interested in studying why approaches to international law often vary around the world. Featuring a diverse array of contributors and methodological approaches, it will deepen and shape the emerging field of comparative international law while dispelling the myth of a unitary international legal order. At the same time, by offering a more nuanced portrait of how international law actually operates in a decentralized global legal system, this volume will facilitate efforts to continue improving international law's effectiveness." - Curtis A. Bradley, William Van Alstyne Professor, Duke Law School "This wide-ranging volume firmly establishes comparative international law as a rich field of study and analysis. The book highlights the theoretical, political, and social implications of recognizing and embracing a more pluralistic and possibly more egalitarian vis
