Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Series

International Law

University of Richmond

International courts

Publication Year

Articles 1 - 2 of 2

Full-Text Articles in Law

Between Legitimacy And Control: Challenges And Recusals Of Arbitrators And Judges In International Courts And Tribunals, Chiara Giorgetti Jan 2016

Between Legitimacy And Control: Challenges And Recusals Of Arbitrators And Judges In International Courts And Tribunals, Chiara Giorgetti

Law Faculty Publications

Challenges of judges and arbitrators in international courts and tribunals is a vastly understudied subject. To correct this imbalance, this Article makes three novel contributions. First, and for the first time, it details and compares challenge procedures across a variety of international courts and tribunals, including both permanent and ad hoc institutions. Second, it provides unique data on challenges and provides a detailed analysis of their outcomes. Third, it makes two concrete recommendations that should be adopted as baseline requirements to improve and harmonize existing challenge procedures: (1) it proposes that an external or semi-external institution take decisions on challenges, …


Cross-Fertilisation Of Procedural Law Among International Courts And Tribunals: Methods And Meanings, Chiara Giorgetti Jan 2015

Cross-Fertilisation Of Procedural Law Among International Courts And Tribunals: Methods And Meanings, Chiara Giorgetti

Law Faculty Publications

The proliferation of international courts and tribunals has resulted in interesting instances of cross-fertilisation of procedural law among international courts. This chapter provides a framework to assess specific techniques of cross-fertilisation, used in support of specific conclusions reached by the deciding tribunal Techniques used include general references to decisions by other tribunals, specific citations to one or more decisions by other international courts and tribunals and references to a standard adopted by other international courts and tribunals explained in a dissenting or separate opinion and differing from the conclusion supported by the majority of the deciding tribunal. Continuous instances of …