Legal traditions, Domestic Institution and International Cooperation (72110)

Session Information: Civil Society & Social Issues 1

Session Chair: Napisa Waitoolkiat

Friday, 30 June 2023 10:50
Session: Session 1
Room: Lecture Room 2
Presentation Type:Oral Presentation

This paper claims two things. First, a state’s legal tradition is transcended into its domestic institution in each issue area, though it is also influenced by non-legal traditions and factors. Second, a state that has common/civil law type domestic regime (not necessarily a state that has common/civil law traditions) prefers a common/civil law type international agreement or institution. By analyzing the three issues areas (trade in goods, services and investment) covered by free trade agreements, this paper demonstrates that different modes of governance are preferred by civil and common law states domestically and internationally. The difference in legal traditions is a potential factor that would induce economic dis-integration.

Shintaro Hamanaka, Institute of Developing Economies (IDE-JETRO), Japan

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