Transnational Judicial Dialogue as an Organisational Field

Authors

  • Olga Frishman

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    • I am grateful to Eyal Benvenisti (my doctoral thesis supervisor) for his support, guidance, and comments. I also wish to thank Liora Bilsky, Gabriella Blum, Avinoam Cohen, Natalie Davidson, Shai Dothan, Talia Fisher, Maytal Gibloa, Eldar Haber, Ron Harris, Vicki C. Jackson, Shai J. Keidar, Doreen Lustig, Frank I. Michelman, Ayelet Oz, Ariel Porat, Masua Sagiv, Yuval Shany, Adam Shinar, Jed Shugerman, Francis Snyder, Mark Tushnet, Alejandra Reyes Vanges, Issi Rosen-Zvi, Adrian Vermeule, Keren Yalin-Mor, the participants of the Ph.D. Colloquium at Tel-Aviv University Faculty of Law, and the participants of the WISH 2012 conference for their valuable comments. I also want to thank the Zvi Meitar Center for Advanced Legal Studies and the Corporate Responsibility for Human Rights Violations in the Transnational Order Research Project for their support.

Abstract

Over the last few decades, judges and courts have had an important role in global governance. They also now communicate with each other more than they used to. Scholars have named this phenomenon ‘the transnational judicial dialogue.’ This paper calls for a comprehensive understanding of this judicial dialogue in a way that will explain the influence it has on courts. This paper proposes to use the concept of organisational fields, developed by DiMaggio and Powell, to study the relationships between courts. It will be seen that this concept gives a fuller account of those relationships and their effects than the existing approaches. This paper will first show that the transnational organisational field of the courts is now emerging using the four criteria of structuration. Then, the paper will discuss three examples of how this concept can contribute to the study of transnational relationships between courts.

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