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Vol 21 No 10 Oct/Nov 2016

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The Independence of International Courts: The Adherence of the International Judiciary to a Fundamental Value of the Administration of Justice


ISBN13: 9781849467414
Published: July 2014
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £160.00



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The study analyses the contents 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 (e.g. human rights courts).

The study thus not only fills a gap in the scholarly evaluation of the organizational setup of the current international judiciary but also functions as a valuable guide for potential future permanent judicial bodies.

Subjects:
Public International Law
Contents:
Chapter A: Introduction
Chapter B: The Notion of Judicial Independence – The Analytical
Framework
Chapter C: The International Judiciary – Defining the Object of
Investigation
Chapter D: Judicial Independence in the International Court of Justice
Chapter E: Judicial Independence in the International Tribunal for
the Law of the Sea
Chapter F: Judicial Independence in the International Criminal Court
Chapter G: Judicial Independence in the Ad Hoc International
Criminal Tribunals for the Former Yugoslavia and
Rwanda
Chapter I: Summary of Conclusions and Outlook
Annex: Ad Hoc Judges of the ICJ
Appendix: International Courts – A Chart
Bibliography