Benefits of comparative law at post-graduate level

By Dr. Dayanath Jayasuriya PC

Most undergraduate level law programs focus on a particular system of law applicable to each area of the law. A basic understanding lays the foundation on which relevant statutory provisions and judgements can be understood and the knowledge gained can be used for routine work.

In a globalised economy, however, the legal issues that come up for consideration by lawyers and judges often require knowledge and understanding of the legal systems transcending national frontiers.

In the business world, this has always been the case but increasingly even in other areas issues relating to comparative law and conflicts of laws assume importance.

Most commercial transactions of a multinational character involve complex issues. This is partly due to the nature of the structuring of business operations. Gone are the days when Company A in one country purchases equipment manufactured by Company B in another country.

In a competitive world, where labour costs play an increasingly important role, component parts of the equipment are manufactured in a number of other countries; the shipments leave the factory in a third country; and the warranties that will be applicable can be enforced only in selected countries around the world.

Any disputes relating to the contract will be the subject-matter of arbitration which may be held under the aegis of an international tribunal in a neutral territory and the law applicable to the proceedings may have to be decided by the law of the land in which the tribunal is located, unless otherwise specified by the parties.

Certain types of contracts attract rules of common law and civil law jurisdictions.