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INTERNAL LAW AND INTERNATIONAL LAW: FROM COMMON LAW TO CIVIL LAW

Authors: Valvo Lucia Anna;

INTERNAL LAW AND INTERNATIONAL LAW: FROM COMMON LAW TO CIVIL LAW

Abstract

This paper examines the process of progressive adaptation of nationallegal systems to the “civil law” legal system. The steady and widespread process ofdrafting legal instruments for legislative purposes at international level in order to“unify” the private law of the national legal systems confirms this evolution. At thisregard, it is to be highlighted the activity conducted since many years by the InternationalInstitute for the Unification of Private Law.The same phenomenon is happening within international public law by its progressiveand steady “codification” through the multilateral international treaties.The process of progressive harmonisation and unification of national legal systemsimplies a basic choice for “civil law” instead of “common law” whose raison d’etreand purpose is to guarantee a higher legal certainty in the inter-individual legal relationseither of private or of public persons. The “codification” of private internationallaw has the purpose of harmonising national legal systems of States in orderto facilitate legal relations and international “circulation” of national legal acts.Yet, the “codification” of international public law raises some doubts because theattempt to create “positive law” or to “crystallize” legal relations between States atinternational level is not convincing as a matter of law and fact.In fact, interstate legal relations are highly variable due to the ever-changing underlyingpolitical and economic grounds. Concerning the means, forms and timings that characterize the adaptation of international public law to such grounds and relatedchanges is very different from the way States’ legal systems adapt to new requestscoming from national societies.The paper also examines the role played by case-law in the relationship between“civil law” legal systems and “common law” legal systems.

Country
Italy
Related Organizations
Keywords

general principles of the internationallaw, State and democracy, domestic jurisdiction, public international law and codification, sovereignty, politicalindependence, peopleself-determination., roman law, human rights, international collective juridical conscience, globalizations, civil law, Common law, public law, territorial integrity

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selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
0
Average
Average
Average
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