Globalization, Processes Of Judicial
The connection between globalization and dispute resolution by means of various types of procedures has several aspects beyond simply judicial processes involved in globalization. Three significant aspects of globalization have a direct influence upon dispute resolution:
1. The growing globalization of legal culture, due to the fast circulation of information about legal topics, particularly in some domains, such as contract law, commercial law, and tax law. Of course, a worldwide common legal culture does not exist and perhaps will never exist, but the era of only national and local legal cultures is over.
2. Millions of legal transactions are made-in cyberspace as well as in more traditional forms such as written commercial contracts-among persons and companies located in different countries all around the world.
3. Correspondingly, a growing number of transnational disputes arise between parties that do not "belong" to the same national jurisdiction.
The combination of these and several other factors may produce various effects for dispute resolution and judicial processes in the globalized world.
These effects may be analyzed by distinguishing three different experiences: (1) so-called judicial globalization; (2) procedures for the resolution of interstate disputes concerning mainly commercial matters; and (3) the resolution of individual transnational disputes.
In the last few years, the expression "judicial globalization" has been frequently used to designate a phenomenon that is connected with the globalization of legal culture as well as of commerce and economies, and that is facilitated by the worldwide circulation of information concerning the resolution of legal disputes. It consists of the broadening practice of courts that refer to judgments delivered by foreign courts, by quoting them and also by borrowing from their arguments and principles to support and justify their own judgments.
This practice is especially frequent and significant in specific areas...