Marketing and Selling Transnational ‘Judges’ and Global ‘Experts’: Building the Credibility of (Quasi)Judicial Regulation

Posted: 22 Dec 2009

See all articles by Yves M. Dezalay

Yves M. Dezalay

University of Angers - French National Center for Scientific Research (CNRS)

Bryant Garth

University of California, Irvine School of Law; American Bar Foundation

Date Written: January 2010

Abstract

Drawing on examples from the fields of international commercial arbitration and international human rights, in particular, and also on trade, intellectual property and governance, this article explores the processes through which transnational norms are created and legitimated. The article rejects approaches that presume an international consensus around norms or simply the imposition of Northern norms and technologies on the South, showing instead how the fields are developed, the advantages that favour ideas and approaches that are credible in the North, and also how limited openings to individuals from the South subtly modify the norms - which in turn reinforces their legitimacy. The article also shows that legal processes, courts and court-like approaches serve to capture both the hierarchies of the field and the processes that can allow a slow evolution that produces some change-but no challenge to the basic orientation.

Keywords: globalization, governance, law, professions, F59 international relations and international political economy, K33 international law, P45 international trade, finance, investment, and aid

Suggested Citation

Dezalay, Yves M. and Garth, Bryant, Marketing and Selling Transnational ‘Judges’ and Global ‘Experts’: Building the Credibility of (Quasi)Judicial Regulation (January 2010). Socio-Economic Review, Vol. 8, Issue 1, pp. 113-130, 2010. Available at SSRN: https://ssrn.com/abstract=1525286 or http://dx.doi.org/mwp022

Yves M. Dezalay (Contact Author)

University of Angers - French National Center for Scientific Research (CNRS) ( email )

3, rue Michel-Ange
Paris cedex 16, 75794
France

Bryant Garth

University of California, Irvine School of Law ( email )

401 E. Peltason Dr.
Ste. 1000
Irvine, CA 92697-1000
United States
949-824-7230 (Phone)
949-824-0495 (Fax)

American Bar Foundation ( email )

750 N. Lake Shore Drive
Chicago, IL 60611
United States
312-988-6575 (Phone)
312-988-6579 (Fax)

Here is the Coronavirus
related research on SSRN

Paper statistics

Abstract Views
585
PlumX Metrics