National courts are gradually abandoning their traditional policy of deference to their executive branches in the field of foreign policy and beginning more aggressively to engage in the interpretation and application of international law. This change has been precipitated by the recognition of...

Transnational private regulatory bodies (TPRs) composed of either private actors or a hybrid of public and private actors are increasingly replacing direct governmental regulation or have begun to regulate areas that have never been subject to governmental oversight. Such privately-ordered,...

The decades following the end of the Cold War have witnessed the growing proliferation of international regulatory institutions with overlapping jurisdictions and ambiguous boundaries. Practicing jurists have expressed concern about the effects of this increased fragmentation of international...

In this essay we draw upon the theoretical and empirical literatures on the evolution of court independence within modern democratic states to identify aspects of their political environments that have fostered judicial independence at the domestic level. We then extend that analysis to examine...