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You searched for: Content Type Journal Article Remove constraint Content Type: Journal Article Publishing Institution European Journal of International Law Remove constraint Publishing Institution: European Journal of International Law Political Geography United States Remove constraint Political Geography: United States Publication Year within 25 Years Remove constraint Publication Year: within 25 Years Topic Globalization Remove constraint Topic: Globalization
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  • Author: Tom Ginsburg
  • Publication Date: 11-2009
  • Content Type: Journal Article
  • Journal: European Journal of International Law
  • Institution: European Journal of International Law
  • Abstract: The application of the tools of international relations, particularly those associated with rational choice analysis, to problems of international law has generated many important insights in the last two decades. In a recent issue of this Journal, Eyal Benvenisti and George Downs, two scholars who individually and jointly have contributed much to this research programme, provide a fascinating interpretation of a recent trend in democracies toward judicial constraint of executives in foreign affairs matters. Placing this development in the broader context of inter-judicial cooperation and globalization, they argue that courts are increasingly coordinating across borders to constrain their national executives. This requires resolution of a transnational collective action problem among judges. The piece is creative, well-argued, and might even be correct. But, as I will argue, it might not be. The fact that courts cooperate and coordinate is observationally equivalent to other plausible theories of what courts are doing. These theories are simpler and also consistent with the basic story Benvenisti and Downs want to tell.
  • Topic: Globalization
  • Political Geography: United States