Which legal system applies when a legal case involves several countries? This is one of the questions that legal experts are confronted with in the face of increasingly international legal practice. The "Choice of Law Dataverse" research project at the Faculty of Law now aims to improve transparency in the area of applicable law in international trade agreements by means of a publicly accessible online database (see news item from June 2023).

The SNSF-funded project is led by Prof. Dr Daniel Girsberger, Professor of Swiss and Private International Law, Business Law, Procedural Law and Comparative Law, and Research Associate Agatha Brandão de Oliveira. The latter explains below what the application of Open Science practices (see box below) means in the field of Private International Law.

Agatha Brandão de Oliveira, why is Open Science important for your field of research?
Agatha Brandão de Oliveira: The field of Legal Sciences is still adapting to the new paradigm of Open Science. At first glance, Open Science sounds counterintuitive for such a traditional field (in which knowledge transfer occurs via expensive books and expert advice). However, here lies precisely the potential for change. Democratizing access to legal data and simplifying the understanding of complex concepts is key for a more well-informed society; this is a first step towards developing better laws. As to my specific field of research (private international law), Open Science can bridge the gap across legal regimes and different legal cultures, providing more information on marginalized jurisdictions. With an Open Science framework, research findings can travel further and faster.

How do you implement Open Science in practice?
It starts with Open Research Data; our Dataverse promotes sharing, preserving, citing, exploring, and analyzing research data on choice of law. Once these findings are transparently shared and discussed, this also encourages more Open Access publications, making it easier for students and legal practitioners to have access to high-quality information in electronic format without paying for costly database subscriptions.

What does it take for Open Science to succeed?
Funding to establish a new knowledge transfer culture is key. More specifically, funds combined with IT support are needed in order to implement or develop what is necessary in terms of infrastructure. There are many new tools and possibilities to make Open Science happen today, but it is still not easy. It requires a willingness to try something new and test unconventional formats, in the Legal Sciences, for example, to reconsider the traditional format of a book for collective works or commentaries. For a sustainable pathway for Open Science, it is also necessary to build community engagement towards this new paradigm.