Selection and appointment in international adjudication : insights from political science
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This article summarizes insights from political science and empirical legal scholarship concerning selection and appointment of adjudicators to permanent international courts (ICs). This scholarship suggests that designers of ICs face challenging trade-offs in balancing judicial independence and accountability, as well as in promoting descriptive representation and necessary qualifications on the bench. The article considers different institutional design features related to appointment procedures: representation, reappointment, screening procedures and procedures for removing judges. Representation is discussed in a series of sections considering full or selective representation, voting rules and geographic and gender quotas and aspirational targets. Throughout, we draw on data on 24 ICs to illustrate the different appointment procedures and institutional features.
Larsson , O , Squatrito , T , Stiansen , Ø & St John , T 2022 , ' Selection and appointment in international adjudication : insights from political science ' , Journal of International Dispute Settlement , vol. Advance articles , idac014 . https://doi.org/10.1093/jnlids/idac014
Journal of International Dispute Settlement
Copyright © The Author(s) 2022. Published by Oxford University Press. This is an Open Access article distributed under the terms of the Creative Commons Attribution-NonCommercial-NoDerivs licence (https://creativecommons.org/licenses/by-nc-nd/4.0/), which permits non-commercial reproduction and distribution of the work, in any medium, provided the original work is not altered or transformed in any way, and that the work is properly cited.
DescriptionStiansen’s work was supported by the Research Council of Norway through its Centres of Excellence funding scheme, project number 223274 (PluriCourts). Financial support for Larsson’s work was provided by the Swedish Research Council, project no. 2018-01693.
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