The Ties that Bind: How Domestic Politics Influence Ties with Extraterritorial Courts—A Study of the JCPC

Abstract

During the last half century, extraterritorial courts and the number of acceding states have markedly increased. It is important to better understand the relationships between the extraterritorial court and the state. This paper posits that the governments of those states will seek a change or disengage from the extraterritorial court if they perceive a disconnection between themselves and the extraterritorial court. The perception of such a disconnection is influenced by changes in the political environment that make the state more sensitive to decisions that are unfavorable to it. To test this theory, this paper examines the Judicial Committee of the Privy Council (JCPC).