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

Edited by: Freya Baetens

ISBN13: 9780198870753
Published: December 2020
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £147.50



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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.

Subjects:
Public International Law
Contents:
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

Series: International Courts and Tribunals

Applicable Law Before International Courts and Tribunals ISBN 9780199212682
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Hybrid Justice: Innovation and Impact in the Prosecution of Atrocity Crimes ISBN 9780192893758
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International Courts in Latin America and the Caribbean: Foundations and Authority ISBN 9780198867999
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International Court Authority ISBN 9780198795599
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£42.49
International Court Authority ISBN 9780198795582
Published July 2018
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Assessing the Effectiveness of International Courts ISBN 9780198794318
Published August 2016
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£40.49
In Whose Name?: A Public Law Theory of International Adjudication ISBN 9780198784418
Published March 2016
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£51.00
International Judicial Integration and Fragmentation ISBN 9780198743729
Published February 2016
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£40.49
The European Court of Justice and International Courts (eBook) ISBN 9780191652929
Published October 2015
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£95.83
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The European Court of Justice and International Courts ISBN 9780199660476
Published October 2015
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£137.50
In Whose Name?: A Public Law Theory of International Adjudication ISBN 9780198717461
Published July 2014
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£145.00
£42.50
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Assessing the Effectiveness of International Courts (eBook) ISBN 9780191640223
Published January 2014
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£18.74
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Assessing the Effectiveness of International Courts ISBN 9780199643295
Published January 2014
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£145.00
Professional Ethics at the International Bar (eBook) ISBN 9780191668838
Published September 2013
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£100.00
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Professional Ethics at the International Bar ISBN 9780199679461
Published September 2013
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£145.00
International Judicial Integration and Fragmentation ISBN 9780199671151
Published May 2013
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£96.00
International Judicial Integration and Fragmentation (eBook) ISBN 9780191650840
Published May 2013
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£30.41
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Reception of International Law in the European Court of Human Rights ISBN 9780199592678
Published August 2010
Oxford University Press
£122.50
£140.00
Regulating Jurisdictional Relations Between National and International Courts ISBN 9780199563852
Published February 2009
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£69.00
A Common Law of International Adjudication ISBN 9780199563906
Published February 2009
Oxford University Press
£69.00
Complementarity in the Rome Statute and National Criminal Jurisdictions ISBN 9780199238453
Published December 2008
Oxford University Press
£135.00
A Common Law of International Adjudication ISBN 9780199206506
Published August 2007
Oxford University Press
Price on Application
Regulating Jurisdictional Relations Between National and International Courts ISBN 9780199211791
Published August 2007
Oxford University Press
£110.00
The Competing Jurisdictions of International Courts and Tribunals
Yuval ShanyLecturer, Academic Studies Division, College of Management, Israel
ISBN 9780199258574
Published June 2005
Oxford University Press
£82.00
Compliance with Decisions of the International Court of Justice ISBN 9780199276721
Published November 2004
Oxford University Press
£207.50
Internationalized Criminal Courts: Sierra Leone, East Timor, Kosovo and Cambodia ISBN 9780199276745
Published October 2004
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£78.00
Internationalized Criminal Courts: Sierra Leone, East Timor, Kosovo and Cambodia ISBN 9780199276738
Published October 2004
Oxford University Press
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The Competing Jurisdictions of International Courts and Tribunals New ed ISBN 9780199274284
Published September 2004
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£54.00