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

Judges Commons

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

International Law

Berkeley Law

Articles 1 - 1 of 1

Full-Text Articles in Judges

Judicial Independence In International Tribunals, Eric A. Posner, John C. Yoo Jan 2005

Judicial Independence In International Tribunals, Eric A. Posner, John C. Yoo

Faculty Scholarship

Some international tribunals, such as the Iran-U.S. claims tribunal and the trade-dispute panels set up under GATT, are "dependent" in the sense that the judges are appointed by the state parties for the purpose of resolving a particular dispute. If the judges do not please the state parties, they will not be used again. Other international tribunals, such as the International Court of Justice, the Inter-American Court of Human Rights, and the new International Criminal Court, are "independent" in the sense that the judges are appointed in advance of any particular dispute and serve fixed terms. The conventional wisdom ...