The Motivations of Individual Judges and How They Act as a Group

19 GERMAN LAW JOURNAL (Forthcoming)

iCourts Working Paper Series, No. 132, 2018

26 Pages Posted: 13 Jul 2018

See all articles by Shai Dothan

Shai Dothan

University of Copenhagen - iCourts - Centre of Excellence for International Courts

Date Written: June 21, 2018

Abstract

States have a significant influence on the selection of judges to international courts. This raises the concern that judges will be biased in favor of their home states, a concern backed by some empirical research. To counter that danger, international courts usually sit in large and diverse panels. Scholars have argued that this gives judges only rare occasions to tip the balance in favor of their home states. The problem begins, however, when judges start forming coalitions among themselves, giving judges with national biases a practical possibility to change the result of cases. To assess the magnitude of this threat to judicial independence, the paper draws on decades of scholarship in the field of judicial behavior. By understanding how judges behave, scholars can come closer to deciphering the true impact of judicial selection to international courts on international judgments.

Keywords: Judicial Behavior, International Judges, Political Bias

JEL Classification: K33

Suggested Citation

Dothan, Shai, The Motivations of Individual Judges and How They Act as a Group (June 21, 2018). 19 GERMAN LAW JOURNAL (Forthcoming). Available at SSRN: https://ssrn.com/abstract=3200365

Shai Dothan (Contact Author)

University of Copenhagen - iCourts - Centre of Excellence for International Courts ( email )

Studiestraede 6
Copenhagen, DK-1455
Denmark

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