comparative legal cultural analyses of international

University of WollongongResearch Online

Faculty of Law, Humanities and the Arts - Papers Faculty of Law, Humanities and the Arts

2014

Comparative legal cultural analyses of internationaleconomic law: insights, lessons and approachesColin B. PickerUniversity of New South Wales, cpicker@uow.edu.au

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Publication DetailsC. Picker, 'Comparative legal cultural analyses of international economic law: insights, lessons and approaches' (2014) 6 Journal ofInternational Economics 54-83.

Comparative legal cultural analyses of international economic law:insights, lessons and approaches

AbstractThe effective development and operation of the law faces many obstacles. Among the more intractable buthidden barriers are legal cultural disconnects and discontinuities. These occur when opposing legal culturalcharacteristics from different legal cultures are forced to interact as part of the implementation of the lawacross two different legal cultures. That conflictual interaction can impede or block the successfulimplementation and development of the law. While present in domestic legal systems, those conflicts aremore likely and the conflicts may be deeper between the many different legal cultures involved in theinternational legal order. This article aggregates and analyses the results from a series of related case studiesapplying a comparative legal cultural analysis to various aspects of international economic law. When broughttogether, it is clear that the methodology can be usefully applied to the international legal order, andspecifically to international economic law. Furthermore, the various findings provide deep insights into theinner workings of the field as a whole, as well as of the individual areas examined. In addition, the case studies'successful employment of comparative legal cultural analysis revealed hitherto hidden insights into legalculture as well as into the methodology itself.

DisciplinesArts and Humanities | Law

Publication DetailsC. Picker, 'Comparative legal cultural analyses of international economic law: insights, lessons and approaches'(2014) 6 Journal of International Economics 54-83.

This journal article is available at Research Online: http://ro.uow.edu.au/lhapapers/3122