Domestic legal traditions and international cooperation: Insights from domestic and international qualification systems

Abstract

The compatibility in terms of domestic systems that embed specific values of particular legal traditions is a critical determinant of international cooperation. We analyze international cooperation on professional qualifications because a domestic qualification system best showcases its distinct approach to social governance. Civil law states, which value written rules and certainty, use paper examinations as a core component of competency assessment of professionals, and upon international cooperation they opt to harmonize paper examinations. Common law states regard track record as important in assessing competence, and they often mutually allow professionals from partner states who have a good track record to practice in their territory. Cooperation between civil and common law states is possible when both parties make a conscious effort to align their domestic systems. In this case, an international mechanism has features of harmonization and mutual recognition. We also consider how to generalize the findings to explain states’ attitude toward inter-governmental organizations in general.