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40 Va. J. Int'l L. 1103 (1999-2000)
Judicial Globalization

handle is hein.journals/vajint40 and id is 1107 raw text is: This Perspective is the fourth in a year-long series examining inter-
national law at the turn of the millennium, in commemoration of the
fortieth anniversary of the Virginia Journal of International Law.
Judicial Globalization
Globalization summons images more of corporations than
courts. The compression of distance and the dissolution of borders
that drives globalization has proved far more efficient at producing
global markets than global justice. Computers may transcend cul-
ture and a new generation of migrants may weave together a
global society, but law - particularly the law handed down by
judges - still seems inherently national. Yet, notwithstanding this
perception, judges are globalizing as well, in ways that have impor-
tant implications for foreign, comparative, and international law.
The existing literature on the role of national courts in an
emerging global legal system typically focuses on the ways in
which these relationships enhance the salience and impact of in-
ternational law. National courts are the vehicles through which in-
ternational treaties and customary law that have not been inde-
pendently incorporated into domestic statutes enter domestic legal
systems.' As such, they have long been a source of hope for inter-
* I. Sinclair Armstrong Professor of International, Foreign and Comparative Law,
Harvard Law School.
1. See, eg., John B. Attanasio, Rapporteur's Overview and Condusions: Of Sovereignty,
373,383 (Thomas M. Franck & Gregory H. Fox eds., 1996). This important study of the
[s]ynergy [bletween [n]ational and [I]nternational [Diudiciaries emphasizes above all the
joint role that national and international courts play in monitoring and implementing in-
ternational law rules. Id, at 3. This role is particularly important as a check on the dele-
gitimization of international legal rules that are not enforced.

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