Abstract
… In this chapter, I argue that the goal should not be to identify a unified framework for contextual analysis, but to clearly define the relationship among different contextual methodologies. In order to show where such research agenda could lead, I delve into the interplay between contract law and standardization regimes in the EU and the US. The working hypothesis is that exploring the interplay among legal regimes represents one of the best ways to identify the contextual factors affecting the interpretation of rules. Drawing on the case law of the Court of Justice of the EU and on national case law, I identify the factors explaining why the courts choose to acknowledge, or refuse to acknowledge, the relationship between contract rules and technical standards. The general lesson is that meshing competing comparative methodologies enhances the accuracy of contextual analysis when multiple legal regimes and multiple decision-making levels are involved. What is needed is a set of strategies guiding the integration of the methodologies.
Bellantuono, Giuseppe, Comparing Contexts: Technical Standards and Contract Law (November 13, 2018). F Di Ciommo and O Troiano (eds), Giurisprudenza e autorità indipendenti nell’epoca del diritto liquido – Studi in onore di Roberto Pardolesi, La Tribuna, 2018, p 235-257.
First posted 2018-12-07 06:46:26
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