Berkant Zeyrek – Judicial Borrowing- a Comparative Analysis of the Situation in North America


Nowadays, in the era of globalization, reciprocal influence of Nations
in almost every field is highly visible. Thus, national laws respectively
legal systems are not immune against this development. Moreover, legal
borrowing beyond that legal transplants, i.e. the enactment of foreign laws
and codes by some Nations, was observable around the world long before
globalization was an emerging issue. Nonetheless, even less dramatical
usage of foreign sources, like the interpretation of domestic law by
reference to foreign law, seems not to be fully accepted by everyone.
Therefore, the reasons for this repudiation shall be assessed with special
reference to the United States in contrast to Canada with an allegedly more
open attitude towards the use of foreign legal sources. While examining,
whether the concerns regarding the usage of foreign sources in national
context are legitimate or not, alternative approaches to justify such an
usage shall be presented.


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