| Foreword | p. V |
| Acknowledgements | p. VII |
| List of Abbreviations | p. XIII |
| Introduction: Globalisation and Highest Courts | p. 1 |
| Introduction: Globalisation and the Law | p. 1 |
| The Internationalisation of the Judiciary | p. 2 |
| Highest Courts and Globalisation: Themes and Issues | p. 4 |
| Unity and coherence | p. 5 |
| Frameworks of judicial legitimacy | p. 11 |
| Novel concepts and paradigms? | p. 13 |
| Institutional resources | p. 18 |
| Concluding Observations | p. 18 |
| Trans-Judicial Dialogue in a Global World | p. 21 |
| Introduction | p. 21 |
| Why Is It Happening? | p. 23 |
| Historical reasons | p. 23 |
| Families of legal systems | p. 23 |
| Strengthening legal systems | p. 25 |
| Contextual reasons | p. 25 |
| Political reasons | p. 28 |
| Strategic reasons | p. 29 |
| Utilitarian reasons | p. 29 |
| How Is It Happening? | p. 30 |
| The development of judicial diplomacy | p. 30 |
| Governmental cooperation | p. 31 |
| Non-governmental cooperation | p. 32 |
| The development of the international dimension in judicial training | p. 33 |
| Training | p. 33 |
| Exchanges | p. 34 |
| Universities | p. 35 |
| Information and communication technology | p. 35 |
| The development of a comparative judicial methodology | p. 36 |
| How Far and within Which Parameters? | p. 37 |
| Ideological limits | p. 37 |
| Elitism | p. 37 |
| Nationalism | p. 38 |
| Exclusion | p. 38 |
| Judicial limits | p. 38 |
| The incommensurability of legal systems | p. 39 |
| The judge's neutrality in legal training | p. 39 |
| Institutional limits | p. 40 |
| Conclusions | p. 40 |
| The Globalisation of the Law and the Work of the Supreme Court of Canada | p. 41 |
| Introduction | p. 41 |
| The Use of Non-Domestic Legal Resources in Canada | p. 42 |
| International instruments and decisions | p. 42 |
| Judicial borrowing | p. 46 |
| Formal and Informal International Networks | p. 52 |
| Conclusion | p. 54 |
| The Widening Horizons of Litigation in Britain | p. 55 |
| Judicial Co-operation and Communication in the Context of the Hague Conventions | p. 59 |
| Introduction | p. 59 |
| The Hague Conference on private international law | p. 59 |
| The International Network of Judges | p. 60 |
| Involvement of Judges in Developing and Reviewing the Operation of Hague Conventions | p. 62 |
| International Judicial Conferences | p. 62 |
| An International Approach to Interpretation of the Hague Conventions | p. 64 |
| Conclusions | p. 65 |
| Judicial Globalisation: Supreme Court of India | p. 67 |
| Accommodating Unity | p. 85 |
| Unity and Diversity | p. 85 |
| Accommodating Unity | p. 88 |
| Reconciling Legal Unities | p. 92 |
| Conclusion | p. 97 |
| Treating Like Cases Alike in the World: The Theoretical Basis of the Demand for Legal Unity | p. 99 |
| A Bracing Environment | p. 99 |
| The Lack of Argument | p. 100 |
| Learning from Others | p. 101 |
| A Need for Harmonisation? | p. 105 |
| Treating Like Cases Alike | p. 107 |
| The Agency Problem | p. 107 |
| The Top-Down Approach | p. 108 |
| The Bottom-Up Demand for Consistency | p. 109 |
| The Human Rights Community | p. 110 |
| Loose or Tight Consistency? | p. 112 |
| Conclusion | p. 113 |
| Justice at a New Scale: Introducing a Conceptual Framework for the Analysis of Highest Courts' Role in a Globalised Context | p. 115 |
| Introduction | p. 115 |
| The Changing Role of Highest Courts in a Globalised Context | p. 117 |
| Two types of highest courts: Supreme courts and constitutional courts | p. 117 |
| A changing role under the effects of globalisation | p. 118 |
| The development of new practices | p. 120 |
| The Theoretical Framework for the Analysis: Constitutional Flexibility | p. 121 |
| The constitution and changing norms | p. 122 |
| A frame of reference for a comparative constitutional law analysis | p. 123 |
| Some methodological considerations | p. 124 |
| Conclusion | p. 126 |
| The Inevitable Globalisation of Constitutional Law | p. 129 |
| Introduction | p. 129 |
| Top-Down Processes of the Globalisation of Constitutional Law | p. 131 |
| Bottom-Up Processes of the Globalisation of Constitutional Law | p. 134 |
| Qualifications: Counterpressures on the Supply Side | p. 138 |
| Races to the Top and Bottom, and Elsewhere | p. 144 |
| Conclusion: Globalisation of Domestic Constitutional Law and the Separation of Powers | p. 146 |
| Is the Separation of Powers the Basis for the Legitimacy of an Internationalised Judiciary? | p. 149 |
| Introduction | p. 149 |
| Four Objections | p. 150 |
| The variability of the 'separation of powers' as a concept | p. 150 |
| The variability of the 'judiciary' as an institution | p. 151 |
| The variability of 'internationalisation' as a legal context | p. 153 |
| Difficulties with the concept of legitimacy as an abstraction | p. 156 |
| Concluding Remarks: Legitimacy and Fundamental Rights | p. 158 |
| Going Global to Preserve Domestic Accountability: The New Role of National Courts | p. 163 |
| Introduction | p. 163 |
| The Impact of Globalisation on National Decision-Making Processes | p. 164 |
| Judicial Cooperation - Emerging Practice | p. 169 |
| Reviewing global counterterrorism measures | p. 170 |
| Environmental protection in developing countries | p. 173 |
| Coordinating the migration into destination countries | p. 176 |
| Protecting socio-economic rights in developing countries | p. 180 |
| The potential of and limits to further cooperation | p. 181 |
| Assessing the Legitimacy of Inter-Judicial Coordination | p. 183 |
| Conclusion | p. 186 |
| List of Contributors | p. 187 |
| Table of Cases | p. 193 |
| Table of Contents provided by Ingram. All Rights Reserved. |
