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Identity and Diversity on the International Bench: Who is the Judge?: International Courts and Tribunals Series

Editat de Freya Baetens
en Limba Engleză Hardback – 9 dec 2020
International courts and tribunals hold the power to decide on questions involving sovereignty over territory, grave human rights violations, international crimes, or millions of euros' worth of economic interests. Judges and arbitrators are the 'faces' and arguably the drivers of international adjudication. Yet certain groups tend to be overrepresented on international benches, while others remain underrepresented. Although international courts and tribunals differ in their institutional make-up and functions, they all rely in essence on the judgement of a group of individuals, each with their own background and experience. Even if adjudicators' identity is not the only, and may not be the decisive, influence on their decision-making, the relative lack of diversity has an effect on the judicial process and its outcomes, which in turn entails broader implications for the legitimacy of international law. This book analyses the implications of identity and diversity across numerous international adjudicatory bodies, focusing on a wide range of factors. Lack of diversity within the judiciary has been identified as a legitimacy concern in domestic settings, and the last few years have seen increasing attention to this question at the international level as well, making the book both timely and topical.
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Specificații

ISBN-13: 9780198870753
ISBN-10: 0198870752
Pagini: 592
Dimensiuni: 165 x 240 x 39 mm
Greutate: 1.02 kg
Editura: OUP OXFORD
Colecția OUP Oxford
Seria International Courts and Tribunals Series

Locul publicării:Oxford, United Kingdom

Recenzii

Until now, there was no single book on identity and diversity on international courts. Identity and Diversity on the International Bench: Who Is the Judge? authoritatively fills this gap...once I started reading it, I could not put it down.
The volume is well balanced in representing the views of different types of professionals,...Beyond a balanced approach to the authors' representation, the volume is rich in different methodological approaches to analyzing the issue of diversity.
this volume is a must-read ... this is a ground-breaking book.
The impression is often given that the interpretation and application of international laws is a matter of mechanics. It is not, as this fine collection of essays demonstrates with clarity, force and balance. This work could not be more timely or significant.
This volume provides the most wide-ranging and thorough examination of the implications of identity and diversity of judges for the legitimacy of international courts and tribunals to date.
The book traverses a broad panorama of international and regional courts and tribunals and is a valuable contribution to the jurisprudence on the subject.
In pursuit of justice, the practice of international adjudication itself must be subjected to constant scrutiny. Who is the Judge? is not a simple question, as the answer to it ultimately determines the credibility of the whole institution. Discussions in this book are insightful and thought-provoking.
This collection ... offers a rich set of insights into how factors such as gender, geography, ethnicity, legal culture, race and religion affect adjudicators and shape international procedure and jurisprudence ... This is a challenging and thought-provoking volume.
I enjoyed reading it from cover to cover. The various contributors achieve a uniformly high standard in each of their presentations. The editor's general ruminations add an extra dimension to them. Anyone interested in any aspect of the people who populate international adjudication will find something valuable here.
This collaborative work is a useful addition to the expanding literature examining the phenomenon of international judges...Anyone interested in any aspect of the people who populate international adjudication will find something valuable here.
The book does put forward many thought-provoking arguments in favour of enhancing diversity on the international bench; the wealth of input it offers will help readers confirm - or reconsider - their own views on the diversity and legitimacy of international courts and tribunals, on international justice and, ultimately, on the 'legitimacy of international law itself'.

Notă biografică

Freya Baetens (Cand. Jur./ Lic.Jur. (Ghent); LL.M. (Columbia); Ph.D. (Cambridge)) is Professor of Public International Law at the PluriCourts Centre (Faculty of Law, Oslo University) and affiliated with the Europa Institute (Faculty of Law, Leiden University). As a Member of the Brussels Bar, she regularly acts as counsel or expert in international and European disputes.