Comparative Law

A country cannot simply copy foreign laws or imitate the practices of any other country. Comparative law is a method used to solve a country’s legal problems by studying the law enforcement experience of one country or another. Learners need to understand the historical, social, cultural, and economic aspects, especially the evolution of philosophy, in addition to the legal text and law enforcement of each country. This allows for effective comparative analysis, meaning it can solve legal problems.

Why use comparative methods to solve Cambodia’s legal problems? First, convenience: Lawmakers do not need to imagine new laws; they simply rely on existing laws that are practically implemented in any country. Second, the unity of laws: Globalization and the advancement of digital technology, which create borderless cross-border trade transactions. The adoption of laws without studying the laws of other countries can hinder those processes. Laws compare to the laws of trading partners, making them more similar. Third, a clearer understanding of their own laws: Comparing with foreign laws allows lawmakers to understand the strengths, weaknesses, or gaps in their laws.

Legal experts or law scholars should study and compare the laws of any country. Comparative analysis aims to solve legal problems. Legal issues refer to cases where society lacks laws for resolution, or where existing laws already exist but still have gaps, leading to differing interpretations and conflicts. In some cases, new laws lack practical implementation experience in that country. Should they apply laws from countries with similar civil law or common law systems? Should they apply laws from countries more advanced than their own? Should they apply English or French or languages that are easier for research? Should they apply laws from neighboring countries or regions (ASEAN or EU)?

It is the choice of legal experts and law scholars to apply laws from one country or other as long as there are reasonable grounds, meaning they must conduct thorough research on the laws of the country that is the subject of comparison. Any country with experience in resolving issues similar to Cambodia should use the laws of that country as a basis for consideration. Countries that need comparison may be one or more based on resources, time, and actual research limits.