Editorial&lt;br&gt;Highest Courts and Transnational Interaction: Introductory and Concluding Remarks

Hol, Antoine

doi:10.18352/ulr.191

Cited by 4 publications

(1 citation statement)

References 7 publications

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“…For example, courts from new democracies tend to cross-cite more often than older courts do. 75 Another example is regional networks. Courts in some regions, such as the EU, have a stronger incentive to interact with each other.…”

Section: A Increase In the Extent Of Interaction Among Organisations mentioning

confidence: 99%

Transnational Judicial Dialogue as an Organisational Field

Frishman¹

2013

European Law Journal

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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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Section: A Increase In the Extent Of Interaction Among Organisations mentioning

confidence: 99%

Transnational Judicial Dialogue as an Organisational Field

Frishman¹

2013

European Law Journal

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General Principles of Law and Transnational Judicial Communication

Mak

2015

General Principles of Law - The Role of the Judiciary

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Tackling the Rise of Child Labour in Europe: Homework for the European Court of Human Rights

Egan¹

2015

ICLQ

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The phenomenon of child labour is on the rise in Europe in the wake of the economic crisis. Specific action in tackling this practice faces a range of challenges including the often hidden nature of the work, cultural attitudes and gendered constructions of the role of children especially in domestic settings. This article explores the range of international standards and efforts made by numerous human rights tribunals aimed at combating the practice, with particular emphasis on the jurisprudence of the European Court of Human Rights. It concludes that the Court has drawn erratically on its standard methodologies (including the comparative technique) in interpreting Article 4 of the ECHR, thus providing limited guidance to European States in getting to grips with child labour.

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Editorial<br>Highest Courts and Transnational Interaction: Introductory and Concluding Remarks

Cited by 4 publications

References 7 publications

Transnational Judicial Dialogue as an Organisational Field

Transnational Judicial Dialogue as an Organisational Field

General Principles of Law and Transnational Judicial Communication

Tackling the Rise of Child Labour in Europe: Homework for the European Court of Human Rights

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