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Legal Traditions as Economic Borders

Author

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  • Shintaro Hamanaka

    (Institute of Developing Economies (IDE‐JETRO), Japan)

Abstract

This article makes two main claims: A state’s legal tradition is embedded into its domestic institution in each issue area and a state that has a common/civil law-type domestic institution in a certain issue area (not necessarily a state that has common/civil law tradition) prefers common/civil law-type international agreements in the same issue area. The consequence of these two claims is that states’ legal tradition is often one of the primary sources of international cooperation, especially issue-specific cooperation. This in turn means that the difference in legal traditions is often a potential factor that would induce economic disintegration. By conducting theoretical and empirical investigations of three issue areas covered by free trade agreements (i.e., trade in goods, trade in services, and investment), this article demonstrates that different modes of governance are preferred by civil and common law states domestically and internationally, and that the difference in domestic systems partially explains participation and non-participation in international agreements.

Suggested Citation

  • Shintaro Hamanaka, 2023. "Legal Traditions as Economic Borders," Politics and Governance, Cogitatio Press, vol. 11(4), pages 235-245.
    • Handle: RePEc:cog:poango:v:11:y:2023:i:4:p:235-245
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    References listed on IDEAS

    as
    1. Hamanaka, Shintaro & Jusoh, Sufian, 2018. "Understanding the ASEAN way of regional qualification governance : the case of service mutual recognition agreements," IDE Discussion Papers 722, Institute of Developing Economies, Japan External Trade Organization(JETRO).
    2. Shintaro Hamanaka & Sufian Jusoh, 2018. "Understanding the ASEAN way of regional qualification governance: The case of mutual recognition agreements in the professional service sector," Regulation & Governance, John Wiley & Sons, vol. 12(4), pages 486-504, December.
    3. Elkins, Zachary & Guzman, Andrew T. & Simmons, Beth A., 2006. "Competing for Capital: The Diffusion of Bilateral Investment Treaties, 1960–2000," International Organization, Cambridge University Press, vol. 60(4), pages 811-846, October.
    4. Morr Link & Yoram Z. Haftel, 2021. "Islamic legal tradition and the choice of investment arbitration forums," Review of International Political Economy, Taylor & Francis Journals, vol. 28(3), pages 559-583, May.
    5. Pelc, Krzysztof J., 2014. "The Politics of Precedent in International Law: A Social Network Application—ERRATUM," American Political Science Review, Cambridge University Press, vol. 108(4), pages 886-886, November.
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