Selecting International Judges: Principle, Process, and Politics

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A distinctive feature of modern international society is the increase in the number of international judicial bodies and dispute settlement and implementation control bodies; in their case loads; and in the range and importance of the issues that they are called upon to address. These factors reflect a new state in the delivery of international justice. The International Courts and Tribunals series has been established to encourage the publication of independent and scholarly works which address, in critical and analytical fashion, the legal and policy aspects of the functioning of international courts and tribunals, including the institutional, substantive, and procedural aspects.

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Editorial Reviews

From the Publisher
"This book is going to become required reading among scholars, journalists, government lawyers and policy analysts interested in international dispute-settling, adjudicatory or norm-developing institutions."

—EDWARD GORDON, retired lawyer and law professor, Honorary Vice President, American Branch, International Law Association, Law and Politics Book Review

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Product Details

  • ISBN-13: 9780199580569
  • Publisher: Oxford University Press
  • Publication date: 8/13/2010
  • Pages: 300
  • Product dimensions: 6.20 (w) x 9.30 (h) x 0.90 (d)

Meet the Author

Ruth Mackenzie is senior lecturer in international law at the University of Westminster, London. She was formerly principal research fellow and deputy director of the Centre for International Courts and Tribunals at UCL's Faculty of Laws and remains a senior associate of the Centre. Prior to joining UCL in 2002, Ruth Mackenzie was director of the Biodiversity and Marine Resources programme at the Foundation for International Environmental Law and Development in London. Kate Malleson is Professor of Law at Queen Mary, University of London. Her main research interests are the judiciary, the legal system and the constitution. She has a particular interest in judicial selection processes and the challenge of increasing diversity in the composition of the judiciary. She is the author of a wide range of publications on the judiciary and the legal system including: Appointing Judges in an Age of Judicial Power: Critical Perspectives from Around the World, 2006 (co-editor with Peter Russell), Toronto University Press; The Legal System, 2010, Oxford University Press; and The New Judiciary: The Effects of Expansion and Activism, 1999, Ashgate Press. Penny Martin is an Australian solicitor and researcher. Her main research interests are in public international law, international human rights law and international dispute resolution, with a particular focus on implementation and institutional design. From 2006-2009 she was a Research Fellow at the Centre for International Courts and Tribunals at University College London. Philippe Sands is Professor of Law and Director of the Centre on International Courts and Tribunals in the UCL Faculty of Laws, and a key member of staff in the Centre for Law and the Environment. His teaching areas include public international law, the settlement of international disputes (including arbitration), and environmental and natural resources law. He has previously held academic positions at the University of London's School of Oriental and African Studies, Kings College London and University of Cambridge and was a Global Professor of Law at New York University from 1995-2003. He was co-founder of FIELD (Foundation for International Environmental Law and Development), and established the programmes on Climate Change and Sustainable Development. He is a member of the Advisory Boards of the European Journal of International Law and Review of European Community and International Environmental Law. As a barrister he has extensive experience litigating international cases.

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Table of Contents

Foreword vii

Series Editor's Preface ix

Preface and Acknowledgements xi

List of Abbreviations xiii

Introduction 1

1 The International Court of Justice and the International Criminal Court in Historical Context 7

A Introduction 7

B From ad hoc arbitration to permanent courts of justice 10

C The International Court of Justice 17

D The International Criminal Court 19

E Conclusion 22

2 The Composition of the International Courts 24

A Introduction 24

B General selection criteria for the bench 26

C Individual selection criteria for the ICJ and ICC 49

D Conclusion 60

3 The Nomination Process 63

A Introduction 63

B ICJ and ICC nomination rules 66

C Nomination bodies 69

D ICJ and ICC nominations in action 73

E Conclusion 98

4 The Election Process 100

A Introduction 100

B ICJ and ICC election rules 102

C The role of the UN regional groups 105

D Campaigning 110

E Vote-trading 122

F The voting process 128

5 Trends and Reforms 137

A Introduction 137

B Transparency 137

C Independence and non-politicization 144

D Competence and merit 152

E Diversity and representation 161

F Conclusion 171

6 Conclusions 173

A Summary of findings on the ICC and ICJ 173

B The broader relevance of the findings-trends and reforms 175

Appendix 1 Research Methodology 180

A Background 180

B Questionnaires 181

C Interviews in New York 181

D Case studies 182

Appendix 2 The Jurisdiction and the Judicial Selection Procedures of the ICJ and ICC 186

A The jurisdiction of the International Court of Justice 186

B The nomination and election of ICJ judges 187

C The jurisdiction of the International Criminal Court 191

D The nomination and election of ICC judges 192

Appendix 3 International Criminal Court Assembly of States Parties: Resolution ICC-ASP/3/Res. 6 197

A Nomination of candidates for judges 197

B Election of judges 199

C Judicial vacancies 201

Annex I Illustrative tables of minimum voting requirements 202

Annex II Sample ballot paper: election of 6 judges of the ICC 204

Bibliography 205

Index 219

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