- Title Pages
- Contributors
- Acknowledgments
- 1 Conceptualizing Comparative International Law
- 2 Methodological Guidance
- 3 Comparative International Law, Foreign Relations Law, and Fragmentation
- 4 Why Comparative International Law Needs International Relations Theory
- 5 The Many Fields of (German) International Law
- 6 Crimea and the South China Sea
- 7 “<i>Shioki</i> (Control),” “<i>Fuyo</i> (Dependency),” and Sovereignty
- 8 Comparative International Law Within, Not Against, International Law
- 9 The Continuing Impact of French Legal Culture on the International Court of Justice
- 10 International Law in National Legal Systems
- 11 Objections to Treaty Reservations
- 12 Intelligence Communities and International Law
- 13 National Legislatures
- 14 International Law in Chinese Courts during the Rise of China
- 15 The Democratizing Force of International Law
- 16 Case Law in Russian Approaches to International Law
- 17 Doing Away with Capital Punishment in Russia
- 18 Comparative Views on the Right to Vote in International Law
- 19 When Law Migrates
- 20 An Asymmetric Comparative International Law Approach to Treaty Interpretation
- 21 Comparative International Law and Human Rights
- 22 CEDAW in National Courts
- 23 The Great Promise of Comparative Public Law for Latin America
- 24 Who Cares about Regulatory Space in BITs? A Comparative International Approach
- 25 Africa and the Rethinking of International Investment Law
- 26 Not so Treacherous Waters of International Maritime Law
- Index
Conceptualizing Comparative International Law
Conceptualizing Comparative International Law
- Chapter:
- (p.3) 1 Conceptualizing Comparative International Law
- Source:
- Comparative International Law
- Author(s):
Anthea Roberts
Paul B. Stephan
Pierre-Hugues Verdier
Mila Versteeg
- Publisher:
- Oxford University Press
Comparative international law utilizes insights and methods from comparative law in order to identify, analyze, and explain similarities and differences in how international law is understood, interpreted, applied, and approached by different national and international actors. Although such approaches find important antecedents in earlier scholarship, distinct attention to “comparative international law” has grown in recent years, particularly in light of changes in geopolitical power. This introductory chapter explains what we mean by comparative international law, examines how one might find and analyze similarities and differences, sets out a number of hypotheses that have been suggested for explaining similarities and differences, and considers some of the normative challenges and implications of this field.
Keywords: comparative law, international law, comparative international law, cross-country comparison, geopolitical power
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- Title Pages
- Contributors
- Acknowledgments
- 1 Conceptualizing Comparative International Law
- 2 Methodological Guidance
- 3 Comparative International Law, Foreign Relations Law, and Fragmentation
- 4 Why Comparative International Law Needs International Relations Theory
- 5 The Many Fields of (German) International Law
- 6 Crimea and the South China Sea
- 7 “<i>Shioki</i> (Control),” “<i>Fuyo</i> (Dependency),” and Sovereignty
- 8 Comparative International Law Within, Not Against, International Law
- 9 The Continuing Impact of French Legal Culture on the International Court of Justice
- 10 International Law in National Legal Systems
- 11 Objections to Treaty Reservations
- 12 Intelligence Communities and International Law
- 13 National Legislatures
- 14 International Law in Chinese Courts during the Rise of China
- 15 The Democratizing Force of International Law
- 16 Case Law in Russian Approaches to International Law
- 17 Doing Away with Capital Punishment in Russia
- 18 Comparative Views on the Right to Vote in International Law
- 19 When Law Migrates
- 20 An Asymmetric Comparative International Law Approach to Treaty Interpretation
- 21 Comparative International Law and Human Rights
- 22 CEDAW in National Courts
- 23 The Great Promise of Comparative Public Law for Latin America
- 24 Who Cares about Regulatory Space in BITs? A Comparative International Approach
- 25 Africa and the Rethinking of International Investment Law
- 26 Not so Treacherous Waters of International Maritime Law
- Index
