Skip to main content Accessibility help
×
Hostname: page-component-586b7cd67f-r5fsc Total loading time: 0 Render date: 2024-11-22T10:59:17.800Z Has data issue: false hasContentIssue false

2 - Judicial Independence at International Courts and Tribunals

Lessons Drawn from the Experiences of the International Court of Justice and the Appellate Body of the World Trade Organization

from Part I - Pre-hearing and Selection and Appointment of Judges and Arbitrators

Published online by Cambridge University Press:  18 November 2021

Eric De Brabandere
Affiliation:
Universiteit Leiden
Get access

Summary

Comparing and contrasting the ICJ and the Appellate Body of the World Trade Organization, I assess whether those international judicial mechanisms possess the basic degree of independence required for a court to be able to maintain its credibility so that it can continue to perform its core function of adjudicating interstate disputes. With those two interstate adjudicative bodies constituting the two leading international courts in terms of participation and the sheer number of cases decided, much may be learned from comparing them. I start by considering what the concept of judicial independence means in general and how it can specifically be assessed. The chapter then considers whether the ICJ and AB possess the basic degree of independence necessary to properly discharge the judicial function. In pointing out that real deficits exist, I argue there is a case for bolstering the independence of the ICJ; and without immediate reforms to the AB’s institutional design, its potential demise is likely to be hastened. I conclude that if a basic degree of judicial independence cannot be guaranteed, it is preferable to let a court vanish for a while than to maintain a significantly deficient one.

Type
Chapter
Information
Publisher: Cambridge University Press
Print publication year: 2021

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure [email protected] is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×