Selection and Appointment in International Adjudication: Insights from Political Science

Academic Forum on ISDS Concept Paper, 2019/10

37 Pages Posted: 2 Oct 2019 Last revised: 6 Oct 2019

See all articles by Olof Larsson

Olof Larsson

University of Gothenburg

Theresa Squatrito

London School of Economics & Political Science (LSE) - Department of International Relations; University of Oslo - Department of Public and International Law

Øyvind Stiansen

Pluricourts; University of Oslo

Taylor St John

University of St Andrews; PluriCourts, University of Oslo

Date Written: September 23, 2019

Abstract

This paper summarizes insights from political science and empirical legal scholarship concerning selection and appointment of adjudicators to permanent international courts. This scholarship suggests that designers of international courts face challenging trade-offs in balancing judicial independence and accountability, as well as in promoting descriptive representation and necessary qualifications on the bench. The paper considers different institutional design features related to appointment procedures: representation, reappointment, screening procedures, and procedures for removing judges. Representation is discussed in a series of sections considering full or selective representation, voting rules, and geographic and gender quotas and aspirational targets. Throughout, we draw on data on 24 international courts to illustrate the different appointment procedures and institutional features. The paper concludes with two shorter sections covering issues closely related to appointment procedures. Appointments are only one means through which states convey their preferences or communicate with international courts, so the paper briefly considers other means, including withholding funding, obstruction, and interpretive statements, which states may use alongside or in place of appointments.

Keywords: international courts, appointments, judicial politics

Suggested Citation

Larsson, Olof and Squatrito, Theresa and Stiansen, Øyvind and St John, Taylor, Selection and Appointment in International Adjudication: Insights from Political Science (September 23, 2019). Academic Forum on ISDS Concept Paper, 2019/10, Available at SSRN: https://ssrn.com/abstract=3458295 or http://dx.doi.org/10.2139/ssrn.3458295

Olof Larsson

University of Gothenburg ( email )

Gothenburg
Sweden

Theresa Squatrito

London School of Economics & Political Science (LSE) - Department of International Relations ( email )

Houghton Street
London, WC2A 2AE
United States

University of Oslo - Department of Public and International Law ( email )

P.O. Box 6706 St. Olavs plass
N-0130 Oslo
Norway

Øyvind Stiansen

Pluricourts ( email )

P.O. Box 6706
St. Olavs plass 5
0130 Oslo
Norway

University of Oslo ( email )

PO Box 6706 St Olavs plass
Oslo, N-0317
Norway

Taylor St John (Contact Author)

University of St Andrews ( email )

Arts Building
The Scores
St Andrews, KY169AX
United Kingdom

PluriCourts, University of Oslo ( email )

P.O. Box 6706
St. Olavs plass 5
0130 Oslo
Norway

Do you have a job opening that you would like to promote on SSRN?

Paper statistics

Downloads
153
Abstract Views
1,135
Rank
355,469
PlumX Metrics