International Judicial Cooperation as the Architecture of Engagement

Abstract

This chapter analyses the idea that international judicial cooperation shows the level of engagement of one state with others and with people all over the world. One point that is explored is the use of the arbitration framework as a model to enhance international cooperation: the system adopted by the 1958 New York Convention has proved to be very efficient, thus it may be followed by the Conventions on recognition of foreign judgments. Other point is the need of uniform interpretation and application of treaties on international judicial cooperation. It requires, between other conditions, databases that may be created an administered by international organisations or even by private associations. In addition, the rise of networks and the possible role of non-governmental organisations and other private actors to facilitate international cooperation is suggested. Lawyers may play an important role in international judicial cooperation; for example, service of process may be transmitted by bar associations very quickly. The role of international judicial cooperation is ever increasing but what may make this architecture more robust in present times is the further inclusion of administrative organisations and private individuals, in the operationalisation of international cooperation.