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Between Legitimacy And Control: Challenges And Recusals Of Arbitrators And Judges In International Courts And Tribunals, Chiara Giorgetti
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, …
The Challenge And Recusal Of Judges Of The International Court Of Justice, Chiara Giorgetti
The Challenge And Recusal Of Judges Of The International Court Of Justice, Chiara Giorgetti
Law Faculty Publications
The rules and mechanisms to challenge and recuse a judge of the International Court of Justice ("ICJ") are unique and pertain to the control mechanisms proper to permanent international dispute resolution bodies, characterized by a plurality of representative, elected judges. Indeed, the Statute of the ICJ ("Statute") provides a series of control mechanisms aimed at ensuring the independence and impartiality of its judges. The drafters of the Statute adopted a multi-tiered approach, relying first on self-control of each judge, and then envisaging a subsidiary control role for the President and the Court as a whole. Third-party requests for recusals are …
Introductory Note To The International Court Of Justice: Ahmadou Sadio Diallo (Republic Of Guinea V. Democratic Republic Of The Congo) Compensation Owed By The Democratic Republic Of The Congo To The Republic Of Guinea, Chiara Giorgetti
Law Faculty Publications
On June 12, 2012, the International Court of Justice ("ICJ" or the "Court") ordered the Republic of the Congo ("DRC") to pay the Republic of Guinea ("Guinea") U.S. $95,000 in compensation for material and non-material injury to Guinea's national Ahmadou Sadio Diallo. The Judgment is notable for several reasons. First, the mere fact that the Court fixed an amount of compensation owned to Guinea is relevant, as this is only the second time in the history of the Court that such a measure was adopted. Second, in reaching its decision, the Court relied heavily on decisions of other international courts …
The Breard Case And The Virtues Of Forbearance, John G. Douglass
The Breard Case And The Virtues Of Forbearance, John G. Douglass
Law Faculty Publications
At a time when the scheduled execution of Angel Francisco Breard made Virginia the focus of a groundbreaking controversy over the reach of internationallaw into the domestic criminal process of the United States, law students and faculty at the University of Richmond had the unique opportunity to consider the case along with Philippe Sands, then a Visiting Allen Chair Professor at the University.