THEORY AND PRACTICE OF GENERAL PRINCIPLES OF INTERNATIONAL LEGAL COOPERATION: A THEMATICAL AND COMPARATIVE APPROACH

Abstract

This publication features extended abstracts of papers which were presented at the roundtable on International Legal Cooperation at the Law and Society Association conference in Denver, from 28 to 31 May 2020. The roundtable was organized by Professor Ricardo Perlingeiro from Estacio de Sa University (Brazil) and Dr Emilie Ghio from Birmingham City University (UK). It gathered experts from different jurisdictions across the world who discussed the theory and practice of selected general principles of international legal cooperation, from a thematical and comparative perspective. The debate on international legal cooperation is wide and rich, and over the last two decades, many academic contributions have suggested recommendations to some of the main challenges facing international legal cooperation. However, discussions around issues of legal cooperation at international level have usually taken either a global approach, focusing on procedural challenges, or a thematical approach, focusing on specific areas of law. We believe that there is space for innovative insights that may be able to move the discussion beyond these established lines of research. This is why the Roundtable on International Legal Cooperation at the LSA conference in Denver adopted both a theoretical, as well as concrete approach, while engaging in thematical, as well as comparative debates. The comparative element of the discussion stemmed from the variety of jurisdictions represented at the roundtable: Brazil, Spain, the UK, the USA and the EU. The presenters’ varied legal backgrounds allowed for a thematical approach to the discussion around selected general principles of international legal cooperation, as presenters have expertise in: (i) administrative law and environmental law; (ii) criminal law; (iii) family law; (iv) insolvency law; (v) intellectual property law; (vi) healthcare law; and (vii) extradition law. Methodologically, the roundtable proceeded as follows. Selected general principles of international legal cooperation were presented. These principles included: (i) the equality of nations; (ii) harmonization; (iii) reciprocity; (iv) public order; (v) jurisdiction; (vi) recognition and enforcement; and (vii) general procedural issues. Each principle was allocated to one expert, who discussed that principle in a theoretical manner, exposing how it is exercised and perhaps, raises issues, in the context of international legal cooperation. Following this short theoretical presentation, the other discussants joined in the conversation and provided concrete examples of how the principle presented applies to their own field of expertise. Participants flagged notorious cases or instances in which these principles have caused – or solved – problems in the context of international legal cooperation. The uniqueness of the discussion came from the fact that the discussants hold different views on a same principle, depending on their area of expertise as well as their jurisdiction. This diversity is welcomed as it illustrates the richness of the debate on international legal cooperation and encourages readers to reflect on the complementarity of these different approaches to common issues. The extended abstracts which feature in this issue are the preliminary results of the research conducted by the LSA roundtable participants on the abovementioned general principles of international legal cooperation.