The Shadow Zones of International Judicialization

Cesare P.R. Romano 

Loyola Law School Los Angeles
December 17, 2013

C. Romano, K. Alter and Y. Shany, eds., The Oxford University Press Handbook of International Adjudication, Oxford University Press, 2013, pp. 90-110
Loyola-LA Legal Studies Paper No. 2013-45 
Abstract:      

Despite the plethora of international adjudicative bodies created over time and across regions, international judicialization is still remarkably uneven. First, while some regions of the globe contain multiple, overlapping, international adjudicative bodies, others have none. Second, patterns of utilization are inconsistent. Even where international adjudicative bodies exist, certain actors use them more frequently than others. Third, certain areas of international relations have been judicialized significantly more than others. This chapter describes the current state of judicialization along these three main dimensions, highlighting the areas and issues where judicialization has not arrived, and advances some possible explanations for this puzzle.

Number of Pages in PDF File: 22

Full text available at: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2369119