Overview
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.
Full Product Details
Author: Freya Baetens (Professor of Public International Law, Professor of Public International Law, University of Oslo)
Publisher: Oxford University Press
Imprint: Oxford University Press
Dimensions:
Width: 16.50cm
, Height: 3.90cm
, Length: 24.00cm
Weight: 1.046kg
ISBN: 9780198870753
ISBN 10: 0198870752
Pages: 592
Publication Date: 10 December 2020
Audience:
General/trade
,
General
Format: Hardback
Publisher's Status: Active
Availability: In Print
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Reviews
This collection ... offers a rich set of insights into how factors such as gender, geography, ethnicity, legal culture, race and religion affect adjudicators and shape international procedure and jurisprudence ... This is a challenging and thought-provoking volume. * Professor Hilary Charlesworth, University of Melbourne * In pursuit of justice, the practice of international adjudication itself must be subjected to constant scrutiny. Who is the Judge? is not a simple question, as the answer to it ultimately determines the credibility of the whole institution. Discussions in this book are insightful and thought-provoking. * Vice-President Hanqin Xue, International Court of Justice * The book traverses a broad panorama of international and regional courts and tribunals and is a valuable contribution to the jurisprudence on the subject. * Judge Neeru Chadha, International Tribunal for the Law of the Sea * This volume provides the most wide-ranging and thorough examination of the implications of identity and diversity of judges for the legitimacy of international courts and tribunals to date. * Dr. Olufemi Elias, Mechanism for International Criminal Tribunals * The impression is often given that the interpretation and application of international laws is a matter of mechanics. It is not, as this fine collection of essays demonstrates with clarity, force and balance. This work could not be more timely or significant. * Professor Philippe Sands QC, UCL; Matrix Chambers *
Author Information
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.
