Courts on Courts: Contracting for Engagement and Indifference in International Judicial Encounters

119 Pages Posted: 19 Feb 2013

See all articles by Paul B. Stephan

Paul B. Stephan

University of Virginia School of Law

Date Written: February 18, 2013

Abstract

This paper explores the dynamics of international judicial interactions in civil cases. It proposes a positive model of court-on-court encounters based on contract theory. It argues that this model provides a superior account of these interactions compared to the prevailing account. The dialogue model developed by international relations specialists and international lawyers posits transnational judicial networks that engage judges in a constitutive and constructive project of building the global rule of law. The paper demonstrates that this model does not capture contemporary judicial practice, rests on outmodes historical judgments, and is normatively problematic. Contract theory not only explains contemporary judicial practice, but also is normatively attractive as a basis for international and transnational judicial interactions.

Keywords: international civil litigation, international law, contract theory

Suggested Citation

Stephan, Paul B., Courts on Courts: Contracting for Engagement and Indifference in International Judicial Encounters (February 18, 2013). Available at SSRN: https://ssrn.com/abstract=2220499 or http://dx.doi.org/10.2139/ssrn.2220499

Paul B. Stephan (Contact Author)

University of Virginia School of Law ( email )

580 Massie Road
Charlottesville, VA 22903
United States
434-924-7098 (Phone)
434-924-7536 (Fax)

Register to save articles to
your library

Register

Paper statistics

Downloads
69
Abstract Views
531
rank
327,428
PlumX Metrics