TWO

Judges: Constructing a Global Legal System

The greater use of foreign material affords another
source, another tool for the construction of better judg-
ments…. The greater use of foreign materials by courts
and counsel in all countries can, I think, only enhance
their effectiveness and sophistication.

—Canadian Supreme Court Justice G.V. La Forest1

GLOBALIZATION IS GENERALLY THOUGHT OF IN TERMS OF CORPORATIONS more than courts, global markets more than global justice. Yet judges around the world are talking to one another: exchanging opinions, meeting face to face in seminars and judicial organizations, and even negotiating with one another over the outcome of specific cases. The Federal Judicial Conference established a Committee on International Judicial Relations in 1993 to conduct a wide variety of exchanges and training programs with foreign courts. The U.S. Supreme Court has regular summits with its counterpart in the European Union, the ECJ; it has also visited the House of Lords, the German Federal Constitu-

-65-

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A New World Order
Table of contents

Table of contents

  • Title Page iii
  • Contents vii
  • Acknowledgements xi
  • List of Abbreviations xv
  • Introduction 1
  • One - Regulators: the New Diplomats 36
  • Two - Judges: Constructing a Global Legal System 65
  • Three - Legislators: Lagging behind 104
  • Four - A Disaggregated World Order 131
  • Five - An Effective World Order 166
  • Six - A Just World Order 216
  • Conclusion 261
  • Notes 273
  • Bibliography 319
  • Index 333
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