Courts Without Borders: Judicial Diplomacy and Comparativism in Latin America

Fall 2023 GGR Recipient

Jeronimo Lau Alberdi (Law)

The study investigates the roles of judicial diplomacy and comparativism within Latin American courts, analyzing the impact of institutional capacity and legal education on the adoption of foreign law. It explores how a court's infrastructure and legal academia are interconnected, creating a cycle that enhances the practice of comparativism. Challenging the traditional perception of judicial dialogue as purely collaborative, the research uncovers a competitive aspect where courts strive for global status and influence. Empirical evidence underscores that courts use comparativism to not only improve domestic decisions but also to advance wider diplomatic ambitions, casting the judiciary as proactive political proxies.