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44 Harv. Int'l L.J. 191 (2003)
A Global Community of Courts

handle is hein.journals/hilj44 and id is 197 raw text is: VOLUME 44, NUMBER 1, WINTER 2003 A Global Community of Courts Anne-Marie Slaughter* I. INTRODUCTION This Focus section examines emerging fora of transnational litigation, en- compassing both international tribunals and domestic courts. The very label transnational litigation, as applied to many of the dispute resolution proc- esses that are discussed in this section-the World Trade Organization (WTO), North American Free Trade Agreement (NAFTA), the Law of the Sea Tribunal-reflects a deep conceptual shift. These arbitral tribunals and international courts were once addressed in courses on international dispute resolution, beginning with the International Court of Justice, then moving to' various regional courts such as the Inter-American Court and the Euro- pean Court of Human Rights (ECHR), and finally covering a series of more specialized processes such as the General Agreement on Tariffs and Trade (GATT), the International Centre for Settlement of Investor Disputes (IC- SID), and ad hoc claims tribunals.' Transnational litigation, by contrast, generally referred to litigation in domestic courts, typically between private parties across borders but also, as sovereign immunity rules loosened, be- tween private parties and states.2 The differences between international dispute resolution and transnational litigation were once significant. International disputes were disputes be- tween states, which were relatively rare. Typically these were carefully con- sidered instances in which a state was willing to bring a claim against a fel- low state under international law, itself defined as governing the relations between states. These cases and the process of their resolution took place on a distinct conceptual plane from domestic courts and cases as part of the in- ternational system. * Dean of the Woodrow Wilson School of Public and International Affairs, Princeton University. B.A., Princeton University, 1980; M.Phil. in international relations, Oxford University, 1982; J.D., Harvard Law School, 1985; D.Phil. in international relations, Oxford University, 1992. 1. See, e.g., J. G. MERRILLS, INTERNATIONAL DISPUTE SETTLEMENT (3d ed. 1998); JOHN COLLIER & VAUGHAN LOWE, THE SETTLEMENT OF DISPUTES IN INTERNATIONAL LAW: INSTITUTIONS AND PROCE- DURES (1999). 2. See, e.g., RICHARD H. KREINDLER, TRANSNATIONAL LITIGATION: A BASIC PRIMER (1998); TOR- TURE As TORT: COMPARATIVE PERSPECTIVES ON THE DEVELOPMENT OF TRANSNATIONAL HUMAN RIGHTS LITIGATION (Craig Scott, ed., 2001). But see HENRY J. STEINER ET AL., TANSNATIONAL LEGAL PROBLEMS: MATERIALS AND TEXT (4th ed. 1994).

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