In the modern era of the development of democracy, the importance of international public law is being strengthened. In this regard, the development of new techniques and methods for its research is required. The method of comparative law in the study of international law occupies a special position. In turn, for this technique, discipline itself is of particular importance.
Comparative law at the disposal of international public law provides a special toolkit. It allows you to explore various scientific and applied issues. Comparative law as a method of study is widely used in international public law. So, for example, this method is effective in the study of interactions between the domestic and international regulatory systems, in the process of unification of substantive legal norms of international importance, as well as in the formation of interethnic normative customs and general provisions.
Comparative jurisprudence is of interest to specialists in private world law. This is more related to the specifics of this industry. At the same time, some scholars (for example, Hungarian Madl) advocated the formation of a special comparative private law in an international format. It should be noted that the world regulatory system and the specified method of discipline research exist today in close interaction. Moreover, comparative law, as well as interethnic private law, is not limited to the framework of one system. Both directions are focused on foreign (foreign) systems.
In the methodological structure of private international law, the method of comparison is endowed with special significance. This is due to the fact that legal conflict resolution systems involve the use of foreign standards in some situations. At the same time, the provisions of the national legal system are consistent with the provisions of foreign legislation.
Specialists note the close relationship of comparative law with industry legal disciplines. At the same time, certain areas of science contribute to the expansion of the problem. At the same time, the comparative method provides material for research and theoretical generalization in the framework of industry disciplines at a fairly high level.
While this research technique is widely used by lawyers, experts are arguing about its status. According to some, comparative law should be used as a method. According to others, this is a whole science. However, third authors, adhering to the principle of "both this and that," believe that this is a private-scientific method that is used in various state and legal disciplines.
Experts note that the use of comparative law contributed to the accumulation of a large amount of material, and also required the development of various theoretical prerequisites for its application. At the same time, within the normative reality itself, there are a sufficiently large number of areas that cannot be investigated outside the described method. All of the above and to a greater extent led to a tendency for comparative law to acquire features regarding autonomous discipline. Some authors call it auxiliary.
A fairly widespread use of this technique contributes to the formation and development of a special direction in the legal system - comparative constitutional law. Within the framework of this direction, micro- and macroposition, external and internal, functional and normative, synchronous and diachronous are allowed. In conjunction with other tools and techniques, constitutional law allows you to explore those phenomena that were previously beyond the capabilities of constitutionalists.