Pub Date : 2020-12-10DOI: 10.1093/oso/9780198870753.003.0027
Janet M Nosworthy
Starting from the author’s own experience, this chapter discusses identity and legitimacy with reference to international judges from minority groups, asking whether the composition of international benches adequately reflects the essential components of diversity. Could international courts be said to engender feelings of inclusion in specific minority individuals, groups, or States? Does the make-up of the international bench ultimately reinforce or undermine the legitimacy of the courts themselves? The chapter views identity issues specifically through the lens of gender, ethnicity (including race), geography, and judicial culture as tools to validate and strengthen the judicial process, as well as a way of verifying the legitimacy of international courts as institutions capable of providing world class justice with optimal global reach. Diversity and meritocracy are not mutually exclusive: more diverse international benches need not result in any dilution of the quality of the judgments rendered. Concerted and intensified efforts have to be made to ensure that more members of minority groups are appointed as international judges, including steps to ensure that they are not marginalized or excluded from the selection process.
{"title":"Epilogue","authors":"Janet M Nosworthy","doi":"10.1093/oso/9780198870753.003.0027","DOIUrl":"https://doi.org/10.1093/oso/9780198870753.003.0027","url":null,"abstract":"Starting from the author’s own experience, this chapter discusses identity and legitimacy with reference to international judges from minority groups, asking whether the composition of international benches adequately reflects the essential components of diversity. Could international courts be said to engender feelings of inclusion in specific minority individuals, groups, or States? Does the make-up of the international bench ultimately reinforce or undermine the legitimacy of the courts themselves? The chapter views identity issues specifically through the lens of gender, ethnicity (including race), geography, and judicial culture as tools to validate and strengthen the judicial process, as well as a way of verifying the legitimacy of international courts as institutions capable of providing world class justice with optimal global reach. Diversity and meritocracy are not mutually exclusive: more diverse international benches need not result in any dilution of the quality of the judgments rendered. Concerted and intensified efforts have to be made to ensure that more members of minority groups are appointed as international judges, including steps to ensure that they are not marginalized or excluded from the selection process.","PeriodicalId":394226,"journal":{"name":"Identity and Diversity on the International Bench","volume":"142 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-12-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127460216","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-12-10DOI: 10.1093/oso/9780198870753.003.0012
S. Strong
Although conventional wisdom suggests that the best way to ensure judicial competence is through appropriate selection processes, recent research suggests that no selection method can ensure the long-term fitness of the judiciary. Instead, judicial education programs are necessary to provide judges with the multiple skills that constitute ‘judgecraft’. Unfortunately, judicial education at the international level is both rare and relatively unsophisticated, as compared to many domestic forms of judicial education. This chapter is the first to analyse judicial education of international judges. The discussion considers the various practical and theoretical problems associated with international judicial education and offers a number of suggestions regarding further academic inquiries and reform initiatives. In particular, the text considers whether self-regulation in this particular field is appropriate and whether any alternatives exist. In so doing, this chapter seeks to increase the real and perceived legitimacy of international adjudication.
{"title":"Judicial Education and International Courts","authors":"S. Strong","doi":"10.1093/oso/9780198870753.003.0012","DOIUrl":"https://doi.org/10.1093/oso/9780198870753.003.0012","url":null,"abstract":"Although conventional wisdom suggests that the best way to ensure judicial competence is through appropriate selection processes, recent research suggests that no selection method can ensure the long-term fitness of the judiciary. Instead, judicial education programs are necessary to provide judges with the multiple skills that constitute ‘judgecraft’. Unfortunately, judicial education at the international level is both rare and relatively unsophisticated, as compared to many domestic forms of judicial education. This chapter is the first to analyse judicial education of international judges. The discussion considers the various practical and theoretical problems associated with international judicial education and offers a number of suggestions regarding further academic inquiries and reform initiatives. In particular, the text considers whether self-regulation in this particular field is appropriate and whether any alternatives exist. In so doing, this chapter seeks to increase the real and perceived legitimacy of international adjudication.","PeriodicalId":394226,"journal":{"name":"Identity and Diversity on the International Bench","volume":"44 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-12-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130671429","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-12-10DOI: 10.1093/oso/9780198870753.003.0015
Szilárd Gáspár-Szilágyi, Laura Létourneau-Tremblay
As part of the larger debate on the legitimacy of the international investment regime, our study of 117 dissents and 87 dissenting arbitrators finds no significant correlation between the nationality of the dissenters, their gender, or appointment by the investor or the State, and the number of dissents written. In the absence of data on the educational and professional backgrounds of all appointed arbitrators, our findings concerning education and the professional background are more tentative. Where we do see significant correlation, is between dissents and appointments by the losing party. Arbitrators appointed by the losing party dissented roughly three times more often than the other arbitrators did. The fact that most dissents are written by arbitrators appointed by the losing party creates the perception that some arbitrators act more like the advocates of their appointers instead of impartial adjudicators. We propose that a standing, two-tier investment court that provides for non-renewable, long-term appointments and fixed salaries could remedy the perceived partiality of party-appointed arbitrators and ensure the survival of dissents.
{"title":"A Question of Impartiality","authors":"Szilárd Gáspár-Szilágyi, Laura Létourneau-Tremblay","doi":"10.1093/oso/9780198870753.003.0015","DOIUrl":"https://doi.org/10.1093/oso/9780198870753.003.0015","url":null,"abstract":"As part of the larger debate on the legitimacy of the international investment regime, our study of 117 dissents and 87 dissenting arbitrators finds no significant correlation between the nationality of the dissenters, their gender, or appointment by the investor or the State, and the number of dissents written. In the absence of data on the educational and professional backgrounds of all appointed arbitrators, our findings concerning education and the professional background are more tentative. Where we do see significant correlation, is between dissents and appointments by the losing party. Arbitrators appointed by the losing party dissented roughly three times more often than the other arbitrators did. The fact that most dissents are written by arbitrators appointed by the losing party creates the perception that some arbitrators act more like the advocates of their appointers instead of impartial adjudicators. We propose that a standing, two-tier investment court that provides for non-renewable, long-term appointments and fixed salaries could remedy the perceived partiality of party-appointed arbitrators and ensure the survival of dissents.","PeriodicalId":394226,"journal":{"name":"Identity and Diversity on the International Bench","volume":"6 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-12-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123853085","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-12-10DOI: 10.1093/oso/9780198870753.003.0010
H. Keller, Corina Heri, M. Christ
The European Court of Human Rights is unique among regional and international courts in that, since 2004, States have been required to include both male and female nominees in their lists of three candidates for judicial office at the Court. Upon the introduction of this rule, the number of female judges at the Court rapidly rose. Despite this, today, there are still fewer women on the Strasbourg bench than men, and the number of female judges is now declining. This chapter explores some of the traits of successful female candidates for judicial office at the Court, namely their regional origin, age, professional background, and feminist engagement, as well as whether they were mothers of young children at the time of their election. It also examines the growing gender gap at the Court, addresses the importance of adequate gender representation on the Strasbourg bench, and formulates recommendations for continuing to ensure that women are appropriately represented among the Court’s judges.
{"title":"Fifty Years of Women at the European Court of Human Rights","authors":"H. Keller, Corina Heri, M. Christ","doi":"10.1093/oso/9780198870753.003.0010","DOIUrl":"https://doi.org/10.1093/oso/9780198870753.003.0010","url":null,"abstract":"The European Court of Human Rights is unique among regional and international courts in that, since 2004, States have been required to include both male and female nominees in their lists of three candidates for judicial office at the Court. Upon the introduction of this rule, the number of female judges at the Court rapidly rose. Despite this, today, there are still fewer women on the Strasbourg bench than men, and the number of female judges is now declining. This chapter explores some of the traits of successful female candidates for judicial office at the Court, namely their regional origin, age, professional background, and feminist engagement, as well as whether they were mothers of young children at the time of their election. It also examines the growing gender gap at the Court, addresses the importance of adequate gender representation on the Strasbourg bench, and formulates recommendations for continuing to ensure that women are appropriately represented among the Court’s judges.","PeriodicalId":394226,"journal":{"name":"Identity and Diversity on the International Bench","volume":"216 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-12-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129445773","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-12-10DOI: 10.1093/oso/9780198870753.003.0002
L. Lijnzaad
This chapter discusses international judges’ paths towards the bench, arguing that more attention should be paid to the nomination process, rather than focusing only on elections. It dwells on the so-called Smurfette principle, an image borrowed from the contemporary analysis of popular visual culture about the role of ‘the one woman’ singled out in a group of men—and what this means for women on the bench. In looking at how to increase the number of women on the bench, the chapter reflects on who selects candidates and how, and what institutional mechanisms exist, or could be established, to improve the gender balance. This entails an analysis of the importance of domestic selection mechanisms, including the role of the national group of the Permanent Court of Arbitration as a forum for the selection of candidates. The central idea is that a gender balance cannot be fully achieved through elections so it needs to be pursued in the preparatory stage. Finally, the chapter addresses questions about potential improvements of selection processes as the possibilities of the current system may at times be under-explored.
{"title":"The Smurfette Principle","authors":"L. Lijnzaad","doi":"10.1093/oso/9780198870753.003.0002","DOIUrl":"https://doi.org/10.1093/oso/9780198870753.003.0002","url":null,"abstract":"This chapter discusses international judges’ paths towards the bench, arguing that more attention should be paid to the nomination process, rather than focusing only on elections. It dwells on the so-called Smurfette principle, an image borrowed from the contemporary analysis of popular visual culture about the role of ‘the one woman’ singled out in a group of men—and what this means for women on the bench. In looking at how to increase the number of women on the bench, the chapter reflects on who selects candidates and how, and what institutional mechanisms exist, or could be established, to improve the gender balance. This entails an analysis of the importance of domestic selection mechanisms, including the role of the national group of the Permanent Court of Arbitration as a forum for the selection of candidates. The central idea is that a gender balance cannot be fully achieved through elections so it needs to be pursued in the preparatory stage. Finally, the chapter addresses questions about potential improvements of selection processes as the possibilities of the current system may at times be under-explored.","PeriodicalId":394226,"journal":{"name":"Identity and Diversity on the International Bench","volume":"39 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-12-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131938630","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-12-10DOI: 10.1093/OSO/9780198870753.003.0001
F. Baetens
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.
{"title":"Identity and Diversity on the International Bench","authors":"F. Baetens","doi":"10.1093/OSO/9780198870753.003.0001","DOIUrl":"https://doi.org/10.1093/OSO/9780198870753.003.0001","url":null,"abstract":"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.","PeriodicalId":394226,"journal":{"name":"Identity and Diversity on the International Bench","volume":"47 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-12-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132136199","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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