Overview

"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."

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9780190697600

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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 vision of international law that remains sensitive to different viewpoints and to new global challenges with its promise of mutual learning about commonalities and differences. A refreshing and sophisticated response to theories that advocate hierarchy in the name of an international rule of law. - Eyal Benvenisti, Whewell Professor of International Law, University of Cambridge To meet the challenge of a universally recognized rule of law, one needs to understand how and why nations and regions approach international law in different ways. This refreshing collection of essays on comparative international law examines what is vaguely perceived to be true but not acknowledged: that there are major variations in state practice when giving effect to international obligations. -Gillian Triggs, Emeritus Professor, Sydney Law School, and former President, Australian Human Rights Commission

Author Information

Anthea Roberts is Associate Professor at the RegNet School of Regulation and Global Governance, Australian National University, College of Asia and the Pacific. She won ASIL's Frances D�ak Prize in 2002 and 2011, and currently serves as a Reporter for the American Law Institute's--Restatement (Fourth) of the Foreign Relations Law of the United States (for jurisdiction). She authored Is International Law International? (Oxford 2017). Paul B. Stephan is John C. Jeffries, Jr., Distinguished Professor of Law, and John V. Ray Research Professor at the University of Virginia School of Law. He specializes in international business, international dispute resolution, and comparative law, with special focus on Soviet and post-Soviet legal systems. He is presently a coordinating reporter for the American Law Institute's--Restatement (Fourth) of the Foreign Relations Law of the United States. Pierre-Hugues Verdier is Professor of Law at the University of Virginia School of Law. He specializes in the areas of public international law, banking and financial regulation, and international economic relations. He is currently working on a book-length project focusing on U.S. and foreign prosecutions targeting global banks. Mila Versteeg is Class of 1941 Research Professor of Law and Director of the Human Rights Program at the University of Virginia School of Law. She specializes in comparative constitutional law, public international law, and empirical legal studies. She also focuses on the origins, evolution, and effectiveness of provisions in the world's constitutions. Her writings have been published in the California Law Review, the New York University Law Review, the University of Chicago Law Review, the American Political Science Review, the American Journal of Political Science, the Journal of Legal Studies, the American Journal of International Law, and the Journal of Law, Economics and Organizations.

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