Reflections on Lady Hale as an International Judge

Over the last century, international courts, once reserved for arcane matters of diplomacy and trade, have begun to address a broad range of human experience and activity. This volume corrects some of the common misperceptions about international judges, while providing a balanced introduction to both the strengths and shortcomings of their work. As they rule on crucial issues of war and peace, human rights, and trade, in addition to high-profile criminal trials, international judges are playing a critical role in developments that will affect world affairs for years to come. Based on interviews with more than 30 international judges, this volume is the first comprehensive portrait of the men and women in this new global profession. The working environment of international judges is closely examined in courts around the world, highlighting the challenge of carrying out work in multiple languages, in the context of intricate bureaucratic hierarchies, and with a necessary interdependence between judges and their courts' administration. Arguing that international judges have to balance their responsibilities as interpreters of the law and as global professionals, the authors discuss the challenges of working in the fluid circumstances of international courts. Profiles of five individual judges provide insight into the experience and dilemmas of the men and women on the international bench.

This article, stemming from a presentation made at the conference “Sir Hersch Lauterpacht ‐ Lawyer of Two Cultures”, organized by the Embassy of the Republic of Poland and the Lauterpacht Centre for International Law of the University of Cambridge on 5‐6 November 2008, introduces the life and work of Count Rostworowski as a lawyer, academic and international judge. The main focus is on his approach to international law and treaty interpretation in his opinions in the cases of the Permanent Court of International Justice, on which he sat as a judge.

How, if at all, do governments influence the choices that international judges make? This question has justly received ample attention in the literature. Unlike in the study of U.S. judicial politics, however, relatively few of these scholarly efforts have been devoted to the question of how governments use the appointment process to shape the international judiciary. This article evaluates what we know about the politics of international judicial appointments and identifies some areas for future research. International judges are much more diverse in their backgrounds and preferences than is commonly assumed. To some, the prototypical international judge is a committed professional with exceptional moral standards who cares deeply about the advancement of international law and is largely unresponsive to material incentives or political pressures. To others, international judges are more like diplomats who use legal reasoning as a mere guise for making decisions that fit the national interests of the governments that appointed them. Empirical research appears to show that the international judiciary contains examples of both these ideal types as well as many others. More interestingly, this research suggests that this variation can be understood reasonably well by examining the motivations of governments and the institutional details of the appointment process.

International law, although still unsophisticated in comparison to domestic law, is increasingly showing signs of becoming a developed legal system. While there remains no central legislator or enforcer, substantive international law has come to be identified and codified in many areas, thanks in part to the work of the International Law Commission (ILC) and the Sixth Committee of the UN General Assembly. As international law has developed, the number of participants in the international legal system has grown. Within this evolving international system, legal disputes are increasingly brought for resolution before judicial or quasi-judicial institutions. The 1990s saw a marked quantitative and qualitative expansion of international courts and tribunals. This Article focuses on two fruits of the increasing fecundity of the international judicial system. First, what is the international judge to do when there are several fora that could deal with a dispute, apart from his or her own? Second, what is an international judge to do when the jurisprudence on an issue is inconsistent between international courts and tribunals? The contribution the Article seeks to make is to provide, in line with the precedent set by the Burgh House Principles on the Independence of the International Judiciary, a blueprint to aid the international judge in dealing with two of the more common ramifications of an ever expanding family of international law.

In reviewing this valuable book, some reflections were given concerning nominations of candidates for judicial posts, as well as on moral integrity of particular judges in the proceedings before the International Court of Justice on South West Africa (Namibia) between 1950 and 1971. Paradoxically, the controversial Judgment of 1966 had some salutary effects on further development of rules of general international law. 1. At the time when the author of this essay was a student of law in Sarajevo, between 1953 and 1957, only one fully established and universally recognized international forum of jurisdiction existed. This was the International Court of Justice (ICJ), one of the six principal organs of the UN and its principal judicial organ. At that same time, the Court of Justice of the European Coal and Steel Community was established in Luxemburg, and the Commission on behalf of the European Convention on Human Rights also commenced its activities in Strasbourg. 2. Nobody was certain of the future of the entire world during this difficult period. The war in Korea had just ended, happily without bombing China and the “enemy”-armed forces in North Korea with nuclear weapons. After this, there occurred

"Eder, Hon. Sir (Henry) Bernard, (born 16 Oct. 1952), a Judge of the High Court, Queen’s Bench Division, 2011–15; International Judge, Singapore International Commercial Court, since 2015; international arbitrator" published on by Oxford University Press.

"French, Hon. Robert Shenton, (born 19 March 1947), Chief Justice of Australia, 2008–17; non-permanent Justice, Hong Kong Court of Final Appeal, since 2017; International Judge, Singapore International Commercial Court, since 2018; a Judge, Dubai International Financial Centre Courts, since 2019" published on by Oxford University Press.

The effectiveness of international courts depends, for a start, on the quality of the men and women who ascend to the bench. Yet ensuring that international courts are staffed by the best and brightest is a significant challenge. First, there is a general problem of scarcity of individuals who possess the many and exacting qualities required from a good international judge. The fact that, at the same time, there is a high and rising demand to staff an increasing number of international courts compounds the problem. Second, the procedures used to identify, vet, and select candidates are often scattered and haphazard and, more crucially, these procedures are in many ways flawed.

The Latent Power of Culture and the International Judge . By Lyndel V. Prott. Abingdon: Professional Books, 1979. xxi + 250 pp. (including bibliography and index) Get access J. G. Merrills J. G. Merrills Search for other works by this author on: Oxford Academic Google Scholar British Yearbook of International Law, Volume 51, Issue 1, 1980, Page 294, https://doi.org/10.1093/bybil/51.1.294 Published: 01 November 1981

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Thorley, Simon Joe, (born 22 May 1950), QC 1989; International Judge, Singapore International Commercial Court, since 2015

This chapter explores who are the judges involved in resolving disputes in the UN Convention on the Law of the Sea (UNCLOS) and examines their educational and professional backgrounds across the International Tribunal for the Law of the Sea and Annex VII arbitral tribunals. The chapter also analyses the different roles performed by international judges. These tasks include settling the procedure, treaty interpretation, fact finding, and settling the dispute presented. The discussion also acknowledges the role of international judges in relation to the broader contexts of disputes. Beyond contentious proceedings, judges also contribute to the law of the sea through the issuance of advisory opinions. The final part of the chapter contemplates what the role of the international judge should be in UNCLOS dispute settlement, and suggests the possible relevance of stakeholder identification theory as one explanatory paradigm.

Table of Contents. Volume I. I. A Tribute to Judge Oda. II. The International Judge. III. The international Court of Justice and International Law Development, Doctrines and Sources. IV. Individual Judgments of the International Court of Justice. V. The Jurisdiction of International Tribunals. VI. The Proliferation of International Tribunals. VII. The International Tribunal for the Law of the Sea and Related Maritime Dispute Settlement Procedures. Volume II. VIII. International Litigation: Strategies, Rules and Procedures. IX. Land and Maritime Boundaries, International Watercourses and Other Waters. X. The Law of the Sea. XI. The Environment and the Law of the Sea. XII. Human Rights. XIII. Defense, the Use of Force and the Law of Armed Conflict.

The following study examines the case of Judge Odio Benito of the International Criminal Tribunal for the former Yugoslavia who, by running for, being elected, and taking up the office of Vice-President of Costa Rica, made judicial independence an issue. Judge Odio Benito appears to have violated conventional and customary norms of international law along with the general principles of law precluding an international judge from holding a domestic executive post. Beyond this, the judge also appears to be in a conflict of interest, as Costa Rica currently holds a seat on the United Nations Security Council, the organ which created the ad hoc Yugoslav Tribunal. The various arguments, taken separately appear to make a strong case in favour of Judge Odio Benito having to resign, however, when taken together, it becomes clear that the Judge is in violation of one of the most fundamental norms of international law: that an international judges must, above all, remain independent.

Antônio Augusto Cançado Trindade lived a life dedicated to the theory and practice of international law. This paper briefly presents an overview of his contributions as a Legal Advisor to the Brazilian Ministry of Foreign Affairs and as an academic on international law, focusing on the contributions of his work as an international Judge at the Inter-American Court of Human Rights and at the International Court of Justice to the advancement of discussions on international law of human rights pertaining to questions of jurisdiction, procedure, substance and to procedural crossfertilisation between international courts and tribunals.