Conceptualizing, Measuring and Mapping the Formal Judicial Independence of International Courts

Abstract

In recent decades, states have increasingly empowered courts to serve a variety of roles in global governance. Among other things, independence of international courts is fundamental to their ability to serve these roles. This paper explores the independence of international courts as a matter of their institutional design. What are the institutional safeguards that can ensure institutional independence of courts? How can these safeguard ensure independence? Are courts designed with safeguards these safeguards in place? This paper addresses these questions and aims to conceptualize, measure, and map the formal independence of 24 international courts.