Independence and Impartiality in International Adjudication
JUDICIAL INDEPENDENCE IN CONTEXT, Adam Dodek & Lorne Sossin, Eds., Toronto: Irwin Law, 2010
37 Pages Posted: 31 Jan 2009 Last revised: 13 Sep 2016
Date Written: October 31, 2008
The bulk of scholarly attention and energy devoted to the independence and impartiality of adjudicators today continues to focus on guarantees relating to domestic courts, even as the number and importance of international tribunals keep on growing. Increasingly, such tribunals decide disputes previously left to domestic legislative, executive or judicial authorities. These range from international commercial disputes, through investment disputes between states and private investors, to trade disputes between states. These tribunals have been the subject of a push toward "legalization," whereby features of domestic judicial processes and institutions are, consciously or not, exported to the international arena. Against this backdrop, this paper proposes a preliminary look at independence and impartiality in the space beyond the state.
Keywords: International Adjudication, International Courts and Tribunals, Arbitration, Independence, Impartiality
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