Judicial Globalization

"Judicial globalization, by contrast, describes a much more diverse and messy process of judicial interaction across, above and below borders, exchanging ideas and cooperating in cases involving national as much as international law. This essay sets forth five different categories of judicial interaction: relations between national courts and the European Court of Justice (ECJ) in the European Union (EU); interactions between the European Court of Human Rights and national courts; the emergence of "judicial comity" in transnational litigation; constitutional crossfertilization; and face-to-face meetings among judges around the world. The contexts are very different, involving both "vertical" relations between national and international tribunals and "horizontal" relations across national borders. The factors driving these forms of interaction also vary widely, including a structural provision in an international treaty, the globalization of commerce, and the need for judicial training in many fledgling democracies."