Identity and Diversity on the International Bench - Who Is the Judge?

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. This book analyses the implications of identity and diversity across numerous international adjudicatory bodies.

Sommario

• 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

Info autore

Freya Baetens (Cand. Jur./ Lic.Jur. (Ghent); LL.M. (Columbia); Ph.D. (Cambridge)) is Professor of Public International Law at the PluriCourts Centre (Faculty of Law, Oslo University) and affiliated with the Europa Institute (Faculty of Law, Leiden University). As a Member of the Brussels Bar, she regularly acts as counsel or expert in international and European disputes.

Riassunto

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. This book analyses the implications of identity and diversity across numerous international adjudicatory bodies.

Testo aggiuntivo

The book does put forward many thought-provoking arguments in favour of enhancing diversity on the international bench; the wealth of input it offers will help readers confirm - or reconsider - their own views on the diversity and legitimacy of international courts and tribunals, on international justice and, ultimately, on the 'legitimacy of international law itself'.

Dettagli sul prodotto

• Autori: Freya (Professor of Public International Baetens
• Con la collaborazione di: Freya Baetens (Editore), Baetens Freya (Editore)
• Editore: Oxford University Press
• Lingue: Inglese
• Formato: Copertina rigida
• Pubblicazione: 10.12.2020
• EAN: 9780198870753
• ISBN: 978-0-19-887075-3
• Pagine: 592
• Serie: International Courts and Tribunals Series
• Categorie: Scienze sociali, diritto, economia > Diritto > Altro; LAW / Courts, International Law, Gender studies, gender groups, Settlement of international disputes, International law: courts and procedures, International courts & procedures