Identity and Diversity on the International Bench
Who is the Judge?
«In pursuit of justice, the practice of international adjudication itself must be subjected to constant scrutiny. Who is the Judge? is not a simple question, as the answer to it ultimately determines the credibility of the whole institution. Discussions in this book are insightful and thought-provoking.»
Vice-President Hanqin Xue, International Court of Justice
International courts and tribunals hold the power to decide on questions involving sovereignty over territory, grave human rights violations, international crimes, or millions of euros' worth of economic interests. Les mer
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International courts and tribunals hold the power to decide on questions involving sovereignty over territory, grave human rights violations, international crimes, or millions of euros' worth of economic interests. Judges and arbitrators are the 'faces' and arguably the drivers of international adjudication. Yet certain groups tend to be overrepresented on international benches, while others remain underrepresented.
Although international courts and tribunals differ in their institutional make-up and functions, they all rely in essence on the judgement of a group of individuals, each with their own background and experience. Even if adjudicators' identity is not the only, and may not be the decisive, influence on their decision-making, the relative lack of diversity has an effect on the judicial process and its outcomes, which in turn entails broader implications for the legitimacy of international law.
This book analyses the implications of identity and diversity across numerous international adjudicatory bodies, focusing on a wide range of factors. Lack of diversity within the judiciary has been identified as a legitimacy concern in domestic settings, and the last few years have seen increasing attention to this question at the international level as well, making the book both timely and topical.
Although international courts and tribunals differ in their institutional make-up and functions, they all rely in essence on the judgement of a group of individuals, each with their own background and experience. Even if adjudicators' identity is not the only, and may not be the decisive, influence on their decision-making, the relative lack of diversity has an effect on the judicial process and its outcomes, which in turn entails broader implications for the legitimacy of international law.
This book analyses the implications of identity and diversity across numerous international adjudicatory bodies, focusing on a wide range of factors. Lack of diversity within the judiciary has been identified as a legitimacy concern in domestic settings, and the last few years have seen increasing attention to this question at the international level as well, making the book both timely and topical.
Detaljer
- Forlag
- Oxford University Press
- Innbinding
- Innbundet
- Språk
- Engelsk
- ISBN
- 9780198870753
- Utgivelsesår
- 2020
- Format
- 24 x 17 cm
Anmeldelser
«In pursuit of justice, the practice of international adjudication itself must be subjected to constant scrutiny. Who is the Judge? is not a simple question, as the answer to it ultimately determines the credibility of the whole institution. Discussions in this book are insightful and thought-provoking.»
Vice-President Hanqin Xue, International Court of Justice
«Until now, there was no single book on identity and diversity on international courts. Identity and Diversity on the International Bench: Who Is the Judge? authoritatively fills this gap...once I started reading it, I could not put it down.»
James Thuo Gathii, Loyola University Chicago School of Law, and the American Bar Foundation, Chicago
«The volume is well balanced in representing the views of different types of professionals,...Beyond a balanced approach to the authors' representation, the volume is rich in different methodological approaches to analyzing the issue of diversity.»
Ksenia Polonskaya, American Journal Of International Law
«The impression is often given that the interpretation and application of international laws is a matter of mechanics. It is not, as this fine collection of essays demonstrates with clarity, force and balance. This work could not be more timely or significant.»
Professor Philippe Sands QC, UCL; Matrix Chambers
«This volume provides the most wide-ranging and thorough examination of the implications of identity and diversity of judges for the legitimacy of international courts and tribunals to date.»
Dr. Olufemi Elias, Mechanism for International Criminal Tribunals
«The book traverses a broad panorama of international and regional courts and tribunals and is a valuable contribution to the jurisprudence on the subject.»
Judge Neeru Chadha, International Tribunal for the Law of the Sea
«This collection ... offers a rich set of insights into how factors such as gender, geography, ethnicity, legal culture, race and religion affect adjudicators and shape international procedure and jurisprudence ... This is a challenging and thought-provoking volume.»
Professor Hilary Charlesworth, University of Melbourne
«I enjoyed reading it from cover to cover. The various contributors achieve a uniformly high standard in each of their presentations. The editor's general ruminations add an extra dimension to them. Anyone interested in any aspect of the people who populate international adjudication will find something valuable here.»
Roger S. Clark, Criminal Law Forum
«This collaborative work is a useful addition to the expanding literature examining the phenomenon of international judges...Anyone interested in any aspect of the people who populate international adjudication will find something valuable here.»
Roger S. Clark, Board of Governors Professor Emeritus, Rutgers Law School, Member of the Editorial B
«this volume is a must-read ... this is a ground-breaking book.»
Edouard Fromageau, University Of Aberdeen, British Yearbook of International Law