TRAVELING JUDGES

• 成果类型: Article
• 署名作者: King, Alyssa S.; Bookman, Pamela K.
• 署名单位: Queens University - Canada; Fordham University
• 刊物名称: AMERICAN JOURNAL OF INTERNATIONAL LAW
• ISSN/ISSBN: 0002-9300
• DOI: 10.1017/ajil.2022.25
• 发表日期: 2022
• 页码: 477-533
• 关键词: international commercial courts; LAW; american; CONTRACT; Empire; STATES; rules

摘要

Around the world, domestic courts focused on commercial disputes hire foreign judges. The practice seems to resemble arbitration, but is also rooted in colonialism. These traveling judges are predominantly retired English judges hired by small, market-dominant jurisdictions, like Hong Kong or Dubai. The judges' identities reveal efforts to harness business preferences for English common law into domestic court systems. While judges aspire to spread the rule of law, local politics may dictate these courts' futures. This Article maps the practice of traveling judges and explores its implications.