Overview

This study analyses the content and scope of the principle of judicial independence as currently applied in the international judiciary. In light of the increasing role played by courts in the international system, the author initially examines the theoretical foundation for the principle’s application and develops a working definition of judicial independence in an international law context. On the basis of a comprehensive evaluation of sources pertaining to some of today's most influential international courts, the author then draws conclusions on a general consensus of normative requirements for judicial independence and is able to point to requirements applicable only to specific jurisdictions (eg human rights courts). The study thus not only fills a gap in the scholarly evaluation of the organisational setup of the current international judiciary but also functions as a valuable guide for potential future permanent judicial bodies.

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9781849467414

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Dominik Zimmermann is Legal Officer at the International Atomic Energy Agency.

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