Nomination of candidates to international judicial and legal bodies: a critical examination of Indian practice*

Abstract

When and how India nominates individuals to international judicial and legal bodies has not attracted much attention in international legal scholarship. This article aims to fill that gap by critically examining India’s nominations to international judicial and legal bodies, including the International Court of Justice, International Law Commission, Appellate Body of the World Trade Organization, and the International Tribunal for the Law of the Sea. The article finds that India has consistently nominated serving and retired government officials and judges to these international bodies. Expertise in international law that lies outside the echelons of executive and judicial power, such as in universities, has been persistently ignored and disregarded in making these nominations. This practice has resulted in situations where several capable international lawyers from academia, who are arguably better suited to serve on these international bodies, have never got an opportunity to do so. India’s practice differs from that of other liberal democracies such as the United States and the United Kingdom, which routinely nominate people with demonstrable academic expertise in international law to such bodies. The article also argues that India needs to establish a transparent procedure of nominations to these international bodies to boost the credibility of the process.