The Nationality of the International Judge: Policy Options for the Multilateral Investment Court

Abstract

The nationality of judges on the international bench can impact their decisions by making them partial to their home countries. In light of the efforts to establish a Multilateral Investment Court, this Perspective considers policy options in relation to the nationality of judges, including the institution of ad hoc judges.

Note: “Catharine Titi, The nationality of the international judge: Policy options for the Multilateral Investment Court,’ Columbia FDI Perspectives, June 15, 2020. Reprinted with permission from the Columbia Center on Sustainable Investment (www.ccsi.columbia.edu).”

Keywords: Multilateral Investment Court, international judges, international courts and tribunals, judges ad hoc, arbitrators, nationality of judges, geographical distribution, international investment law, investor-state dispute settlement, ISDS

JEL Classification: F02, F13, F21, F53, K41, K39, K40, K10, K33, K49, K12, K19, K20, K29, H70, E22, H87, F50, F52