
Contents
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1. Mandatory Uses of Foreign Law 1. Mandatory Uses of Foreign Law
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1.1. Private International Law (Conflict of Laws) 1.1. Private International Law (Conflict of Laws)
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1.2. Mutual Recognition, Extradition, and Other Compulsory Considerations of Foreign Law 1.2. Mutual Recognition, Extradition, and Other Compulsory Considerations of Foreign Law
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1.3. Directly Applicable Sources of Public International Law 1.3. Directly Applicable Sources of Public International Law
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1.4. Law of the European Union 1.4. Law of the European Union
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1.5. Law of the European Convention on Human Rights 1.5. Law of the European Convention on Human Rights
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2. Advisable Uses of Foreign Law 2. Advisable Uses of Foreign Law
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2.1. Reference to a Parent International Law (and to EU Law before Accession) 2.1. Reference to a Parent International Law (and to EU Law before Accession)
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2.2. Laws Shared with or Taken from Other States 2.2. Laws Shared with or Taken from Other States
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2.3. General Principles of Law 2.3. General Principles of Law
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2.4. Intra-federal References 2.4. Intra-federal References
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3. Voluntary Uses of Foreign Law 3. Voluntary Uses of Foreign Law
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4. Non-mandatory Uses of Foreign Law and Legal Comparisons 4. Non-mandatory Uses of Foreign Law and Legal Comparisons
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2 Foreign Law in Courts: A Typology
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Published:August 2013
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Abstract
The chapter maps the landscape of various types of foreign law in domestic courts. The mapping criterion used is the domestic normative authority a national judge has for considering foreign law in various types of cases. On this basis, three types of the use of the foreign law before national courts are distinguished: mandatory uses, advisable uses, and voluntary uses. Advisable and voluntary uses are for ease of reference conflated into one category of non-mandatory references. Eventually, it is suggested that in most cases, the non-mandatory use of foreign law functionally overlaps with situations in which comparison between the foreign and domestic law is carried out.
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