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The Transnational Human Rights Review

Klodian Rado

Keywords

Human Rights; Judicial Globalization

Document Type

Article

English Abstract

There are numerous academic writings about the actors, factors, and mechanisms that shape and drive human rights at national, transnational, and international levels. However, the relationship between human rights and the process of judicial globalization remains underexplored in recent scholarship, and the purpose of this study is to explore such a relationship and its effects. First, we provide a brief theoretical background of both human rights and judicial globalization concepts, and then, we focus on the relationship between them. By investigating existing empirical data, we uncover how judicial globalization is effecting and shaping human rights through various mechanisms and their classifications. Finally, by using the theoretical and empirical tests, we respond to the normative question, whether the judicial globalization process is a suitable tool for the development of human rights at national, international, and transnational levels. The results of this paper show that human rights and judicial globalization have a strong, mutual, and complex relationship. The most important mechanisms that build such a relationship are: constitutional cross-fertilization; relationships between international/supranational courts and national courts; face-to-face-meetings of judges around the world; establishing of global/regional organizations/associations of judges; establishing of electronic networks and systems; and establishing of global judicial education and training institutions. We argue that in the absence of a World Court of Human Rights, one of the most suitable tools for the spread of a shared understanding of human rights is through the bottom-up process of judicial globalization conducted by the world community of constitutional, supranational, and international courts and judges.

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