domenica 2 ottobre 2011

Reports to the XVIIIth International Congress of Comparative Law

Complexity of Transnational Sources: Reports to the XVIIIth International Congress of Comparative Law

Helge Dedek

McGill University - Faculty of Law

Alexandra Carbone

affiliation not provided to SSRN

ISAIDAT Law Review, Special Issue 3

In this report to the International Academy of Comparative Law, we describe the Canadian response to the transnational challenge while in particular focusing on the “complexity” of transnational law as one of its most challenging characteristics. Our inquiry is divided into two sections that address two different aspects of this complexity. First, we set out to find a trace of a specifically Canadian “legal culture” in response to the challenge that global legal pluralism poses to a legal discourse accustomed to thinking in terms of national positive law and national sovereignty; we will outline the reactions in academia, legal education, and the judiciary. Second, we turn to another, maybe less lofty aspect: the fact that the application of law is made technically more difficult by the proliferation of transnational legal sources. In this second section, we will outline the intricacies of the implementation of international instruments in Canadian law, and discuss the problematic repercussions of the technical complexification of law in core areas of private law, with a focus on the “plight” of the United Nations Convention on Contracts for the International Sale of Goods (CISG) in Canada.
Number of Pages in PDF File: 53
Keywords: CISG, lex mercatoria, transnational law, international law, comparative law, legal traditions, fragmentation
JEL Classifications: K10, K12, K33, K40
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