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28 - Comparative International Law

from Part IV - Comparative Law beyond the State

Published online by Cambridge University Press:  26 January 2024

By
Danielle Hanna Rached  and
Conrado Hubner Mendes
Edited by
Mathias Siems  and
Po Jen Yap
Mathias Siems
Affiliation:
European University Institute, Florence
Po Jen Yap
Affiliation:
The University of Hong Kong
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Summary

One of the main characteristics of international law is its claim to ‘universality’. International law’s body of rules and practices is generally supposed to apply to every state and individual member of the world. This chapter challenges the perception that international law cannot be viewed through comparative lenses, as well as the idea that legal comparativism is a set of methodologies to contrast only domestic and regional legal systems and concepts. The underlying argument of the chapter is that behind common rules and shared aspirations of principles, members of an international system may adopt very different approaches, doctrines and procedures of internalisation. That invites an important role for comparativism. The chapter exemplifies this broad research agenda through a panoramic analysis of international human rights law and international environmental law, in both cases looking at foreign relations law and its constituencies in different legal realities.

Keywords

international lawcomparative lawinternational human rightsinternational environmental lawcomparativism
Type
Chapter
Information
The Cambridge Handbook of Comparative Law , pp. 561 - 574
Publisher: Cambridge University Press
Print publication year: 2024

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