Buch, Englisch, 592 Seiten, Format (B × H): 161 mm x 240 mm, Gewicht: 1039 g
Buch, Englisch, 592 Seiten, Format (B × H): 161 mm x 240 mm, Gewicht: 1039 g
ISBN: 978-0-19-887075-3
Verlag: ACADEMIC
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.
Autoren/Hrsg.
Fachgebiete
Weitere Infos & Material
- Foreword
- Navanethem Pillay
- List of Abbreviations
- List of Contributors
- 1. Identity and Diversity on the International Bench: Implications for the Legitimacy of International Adjudication
- Freya Baetens
- PART I: TOWARDS THE INTERNATIONAL BENCH
- 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. Justifications for the Promotion of Religious Diversity on the International Bench 60
- David M Bigge
- 5. Judges Ad 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 the Hurdles
- 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
- PART II: ON THE INTERNATIONAL BENCH
- 11. The Identity Conundrum: Legitimacy and Doubt on the International Bench
- Catharine Titi
- 12. Judicial Education and International Courts: A Proposal Whose Time has Come?
- SI 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 Judgments of the International Court of Justice: How Judges Incorporate Their Religious Identity in Judicial Decision- Making
- Mubarak A Waseem
- 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 Organization: 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 Pérez- León- 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 Pérez- León- 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 D 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 Peoples' Rights
- J Jarpa Dawuni
- Epilogue Diversity, Inclusion, and Legitimacy in International Courts and Tribunals: Insights from Within, Perspectives from the Periphery— An Island Girl Speaks
- Janet M Nosworthy
- Index
