By redefining the boundaries of state authority and sovereignty, national courts create potential for conflict and cooperation. By re-interpreting aspects of conventional international law, and engaging in cross-border dialogue, domestic courts challenge our understanding of international diffusion and judicialization. Recognizing the role of domestic courts as global adjudicators enhances our understanding of regime complexity and international forum shopping. We illustrate the ways in which national courts create new political opportunities by updating three core international relations theory debates. National courts are constitutive of international order by generating new rules, adjudicating transnational disputes, and bounding state sovereignty. Building on legal research concerned with transnational law, we argue that domestic courts are endogenous sites of international political change. This article revisits the relationship between law and international order.
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December 2022
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