
Contents
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1. Introduction 1. Introduction
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2. The Independence of the International Judiciary 2. The Independence of the International Judiciary
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2.1. From arbitration to adjudication 2.1. From arbitration to adjudication
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2.2. Towards a check and balance approach 2.2. Towards a check and balance approach
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3. The Dominance of State Governments in Selecting International Judges 3. The Dominance of State Governments in Selecting International Judges
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4. Mechanisms for Constraining State Governments 4. Mechanisms for Constraining State Governments
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4.1. Parliamentary bodies 4.1. Parliamentary bodies
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4.2. Advisory expert panels 4.2. Advisory expert panels
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4.3. Transparency 4.3. Transparency
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4.4. Tenure and reappointment 4.4. Tenure and reappointment
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5. Concluding Remarks 5. Concluding Remarks
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8 Can Judicial Selection Secure Judicial Independence? Constraining State Governments in Selecting International Judges
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Published:March 2015
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Abstract
This chapter examines the process of judicial selection in light of the goal of ensuring judicial independence. Its first part reflects upon the notion of judicial independence of international courts. The second part focuses on the selection of international judges. It is suggested that from the perspective of institutional design, additional mechanisms to constrain state governments must be introduced, be it at the national or the international level. They should offer incentives for governments to seek and appoint the most suitable candidates without denying the role politics inevitably play. Finally, four such mechanisms are discussed in depth with particular attention being paid to the CJEU and the ECtHR: the involvement of parliamentary bodies, advisory expert panels, transparency, and tenure and reappointment.
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