The Cambridge Handbook of Foreign Judges on Domestic Courts

Administrative / Constitutional Law

The Cambridge Handbook of Foreign Judges on Domestic Courts

Edited by Anna Dziedzic · Simon N.M. Young
Cambridge University Press November 2023

Specifications

ISBN-13
9781009098786
Publisher
Cambridge University Press
Publication
November 2023
Format
Hardback
Jurisdiction
U.K. ? Countri(es) for reference only

Also available as

Paperback

Details

Foreign judges sit on domestic courts in over fifty jurisdictions worldwide. They serve on ordinary courts, including apex and constitutional courts, as well as specialist courts, such as international commercial courts and hybrid criminal tribunals. This Handbook presents the first global comparative study of this long-standing, diverse and evolving practice, from colonial precedents to new forms of foreign judging in contemporary conditions of globalisation. Chapters by scholars of law, politics and history, and reflections by judges themselves, provide detailed information and critical analysis of foreign judging across Africa, Asia, the Caribbean, Europe, the Middle East and the Pacific. The chapters examine the notion and relevance of foreignness, rationales for foreign judges, and the implications for judicial identity, adjudication, independence and accountability. Focusing on an underexplored issue that features mainly in small states and jurisdictions of the Global South, this Handbook challenges assumptions and expands knowledge about courts and judges.

Table of Contents

1. An Introduction to Foreign Judges on Domestic Courts - Anna Dziedzic

Part I. Rationales, Motivations and Design: Domestic Drivers
2.My Reflections as a Foreign Judge in the Commonwealth - Mabel M. Agyemang
3. Judges from other Common Law Jurisdictions on the Hong Kong Court of Final Appeal - Joseph Fok
4.Foreign Judges in Liechtenstein's Courts - Peter Bußjäger
5. The SICC, International Judges and International Commercial Dispute Resolution - Anselmo Reyes
6. Foreign Judges in the Macau Special Administrative Region of China: An Emblem and a Guarantee of the 'One Country, Two Systems' Principle - Paulo Cardinal
International Influences
7. Foreign Judges in the Constitutional Courts of Bosnia-Herzegovina and Kosovo: 'Mission Impossible'? - Constance Grewe
8. A Judiciary 'Suspended' in Transition? A Case Study of Portuguese Judges in East Timor - Sapna Reheem Shaila
9. Foreign Judges in International Corruption Missions in Central America - Carlos Arturo Villagrán Sandoval
10. Mixed Composition in International Criminal Justice: History, Justifications and Challenges - Harry Hobbs

>b>Part II. Implications and Impact: First Hand Accounts
11. Impartial Adjudicators? The Role of Foreign Judges in Seychelles - Mathilda Twomey
12. What is it to be an Academic French Female Judge in Andorra? Some Personal Thoughts about a Unique Experience Laurence - Burgorgue-Larsen
13. Foreign Judges on Domestic and Regional Courts: The Difference Between What Matters and What Seems to Matter - Dennis Byron
14. Foreign Judges in National Courts in the Commonwealth - Karen Brewer
15. Reflections - David Baragwanath

Part III. Judicial Identity and the Judicial Role
16. Colonial-Era Mixed Courts, the Compensation of Foreigners for Wrongful State Acts and the Emergence of International Judges as Guarantors of Individual Rights - Michel Erpelding
17. Forging a Judicial Identity: The Colonial Legal Service - Paul Swanepoel
18. Domestic Criticisms of Foreign Judges: The Case of Hong Kong - Simon N. M. Young
19. Judicial Mobilities: Travelling Judges in the Pacific - Anna Dziedzic
Adjudication, Accountability and Independence
20. Foreign Judging and Securing Judicial Independence in the Anglo Caribbean - Tracy Robinson
21. Importing Justice: Foreign Judicial Appointments in Southern Africa - Rachel Ellett
22. Foreign Judges on Domestic Courts in the MENA Region: Challenges and (Missed) Opportunities - Siraj Khan
23. Foreign Judges on the Gambian Bench: Implications for Judicial Independence and Rule of Law - Satang Nabaneh
24. The Syariah Factor: One of the Many Challenges for 'Foreign' Judges in the Courts of Brunei - Darussalam Ann Black
25. Foreign Judges: Adjudicating Papua New Guinea's 'Home-Grown' Transformative Constitution - Bal Kama
26. Shaping the Legal Landscape: Foreign Judges in the Federated States of Micronesia - Gonzaga Puas
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