ABSTRACT

Europe created the model of embedded international courts (ICs) where domestic judges work with international judges to interpret and apply international legal rules that are also part of national legal orders. This model has now diffused around the world. This article documents the spread of European style ICs: there are now 11 operational copies of the European Court of Justice (ECJ), and a number of ICs that do not copy the ECJ but use Europe’s embedded approach to international law. After documenting the spread of European style ICs, the article then explains how two regions chose European style ICs, yet varied from the ECJ model.