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Alternative Perspectives on the Independence of International Courts: Remarks From the Proceedings of the 99th Annual Meeting of the American Society of International law Washington, DC, March 30-April 2, 2005

Rosalyn Higgins Dbe Qc

in Themes and Theories

Published in print August 2009 | ISBN: 9780198262350
Published online March 2012 | e-ISBN: 9780191682322 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780198262350.003.0082
Alternative Perspectives on the Independence of International Courts: Remarks From the Proceedings of the 99th Annual Meeting of the American Society of International law Washington, DC, March 30-April 2, 2005

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The current writings suggesting that the judges of the International Court of Justice (ICJ) are biased and that their judgments regrettably contain an almost endless stream of factual errors, or they reflect grave misunderstandings. It is said that in many cases states have failed to comply with the judgments of the ICJ. In fact, the ICJ has issued eighty-nine judgments since 1946 and there have been problems with compliance in four cases (five if one includes the provisional measures order in LaGrand). Judges of the ICJ are elected by the simultaneous votes of the General Assembly and Security Council of the United Nations, having been nominated by their national groups in the Permanent Court of Arbitration. The extent of involvement of the national government in the initial nomination by the national group varies from country to country. Nomination procedures could usefully be more transparent for many national groups, and a single term of twelve years would be an improvement underpinning judicial independence.

Keywords: International Court of Justice; judges; bias; judicial independence; nomination; judgments; compliance; United Nations

Chapter.  1826 words. 

Subjects: Public International Law

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