Home >
Law >
International Law >
Identity and Diversity on the International Bench: Who is the Judge?

Identity and Diversity on the International Bench: Who is the Judge?

Author: Freya Baetens
Publisher: Oxford University Press
ISBN: 9780198870753
Published In: December 2020
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

List Price: ¥37,015.55

¥35,905.08 Save ¥1,110.47 (3%)

Download Order Form

Add to Wishlist
| Add to Compare

Description
Contents

Details

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.

Foreword, Navanethem Pillay

Part I: Towards the International Bench

1: Identity and diversity on the international bench: implications for the legitimacy of international adjudication, Freya Baetens

2: The Smurfette principle: reflections about gender and the nomination of women to the international bench, Liesbeth Lijnzaad

3: Generating incentives to appoint women to the international bench: experiences with State practice, Rolf Einar Fife

4: Examining the justifications for the promotion of religious diversity on the international bench, David Bigge

5: Judges as hoc at the International Court of Justice: a means for enhancing regional and legal systemic diversity in the composition of the Court?, Paolo Palchetti

6: The Party-appointment process: addressing barriers to equal opportunities for women in the appointment of ad hoc adjudicators, Catherine Drummond

7: African women's paths to the international bench: how to overcome double discrimination, Rebecca Emiene Badejogbin

8: Analysing appointments in international arbitration: nationality, ethnicity, race and legal training of arbitrators, Monika Prusinowska

9: Legitimacy of investor-State arbitration: addressing development bias among international arbitrators, Jamal Seifi

10: Fifty years of women at the European Court of Human Rights: successes and failures of the Council of Europe's gender agenda, Helen Keller, Corina Heri and Myriam Christ

11: The identity conundrum: legitimacy and doubt on the international bench, Catharine Titi

Part II: On the International Bench

12: Judicial education and international courts: a proposal whose time has come?, Stacie I. Strong

13: Additional opinions and judicial diversity at the International Court of Justice: a research methodology, Hemi Mistry

14: Citing religious texts in individual opinions to ICJ judgments: how judges incorporate their religious identity in judicial decision-making, Mubarak Wasseem

15: A question of impartiality: who are the dissenting arbitrators in investment treaty arbitration?, Szilárd Gáspár-Szilágyi and Laura Létourneau-Tremblay

16: Adjudicating international trade cases in the World Trade Organisation: does gender make a difference?, Valerie Hughes

17: The contribution of women judges and prosecutors to the development of international criminal law, Teresa Doherty

18: The contribution of female judges to the victim jurisprudence of the International Criminal Court, Juan-Pablo Perez-Leon-Acevedo

19: Judicial legal culture and victim procedural status at the Special Tribunal for Lebanon and Extraordinary Chambers in the Courts of Cambodia, Juan-Pablo Perez-Leon-Acevedo

20: Appearing before and sitting with female adjudicators: reflections from practice, James Crawford

Part III: Beyond the International Bench

21: Diversity and legitimacy of the World Trade Organization's bench, Cosette Creamer and Zuzanna Godzimirska

22: Ethnicity, religion and diversity at the International Criminal Court: is more too much?, Solomy Balungi Bossa and Gilles Landry Dossan

23: The significance of religious diversity in international human rights adjudication, Kristen Hessler

24: Diversity on the bench of the European Court of Human Rights: a clash of paradigms, Angelika Nussberger and Freya Baetens

25: Peru's 'Intercultural Law' proposal: promoting ethnic diversity in the administration of justice, Clara María López Rodríguez

26: Keeping gender on the agenda for international benches: a case study of the African Court on Human and People's Rights, J. Jarpa Dawuni

Epilogue, Janet M. Nosworthy

Browse Books

Identity and Diversity on the International Bench: Who is the Judge?

Free delivery Hong Kong?

Details

You may also be interested in these books:

What Our Customers Say?

Browse Books

Identity and Diversity on the International Bench: Who is the Judge?

Free delivery Hong Kong?

Details

You may also be interested in these books:

What Our Customers Say?

video title