International law and comparative law are traditionally concerned not only with two different fields of legal studies but they are also characterised by two divergent ways of looking at legal phenomena. Therefore, the idea of a close relationship between public international law and comparative law and even the apotheosis of a synthesis between these two different fields of law may appear as an impracticable encounter between opposites. Nevertheless, the issue of comparative international law has become a major concern in the recent academic debate among international scholars. The paper has the aims to show some examples of the utility of comparative international law as a way of looking at legal phenomena. This happens especially in those areas of law, such as property law, that tend to change form depending on the context. The Author gives an insight into this feature of property and formulate some preliminary remarks on the adequate method for investigating it.
The relationship between human rights and property and the need for comparison in international law
Vagni
2019-01-01
Abstract
International law and comparative law are traditionally concerned not only with two different fields of legal studies but they are also characterised by two divergent ways of looking at legal phenomena. Therefore, the idea of a close relationship between public international law and comparative law and even the apotheosis of a synthesis between these two different fields of law may appear as an impracticable encounter between opposites. Nevertheless, the issue of comparative international law has become a major concern in the recent academic debate among international scholars. The paper has the aims to show some examples of the utility of comparative international law as a way of looking at legal phenomena. This happens especially in those areas of law, such as property law, that tend to change form depending on the context. The Author gives an insight into this feature of property and formulate some preliminary remarks on the adequate method for investigating it.File | Dimensione | Formato | |
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