Selection and appointment in international adjudication: insights from political science

Olof Larsson; Theresa Squatrito; Øyvind Stiansen; Taylor St John

doi:10.1093/jnlids/idac014

Selection and appointment in international adjudication: insights from political science

Olof Larsson^*, Theresa Squatrito, Øyvind Stiansen, Taylor St John

^*Corresponding author for this work

Research output: Contribution to journal › Article › peer-review

Abstract

This article summarizes insights from political science and empirical legal scholarship concerning selection and appointment of adjudicators to permanent international courts (ICs). This scholarship suggests that designers of ICs face challenging trade-offs in balancing judicial independence and accountability, as well as in promoting descriptive representation and necessary qualifications on the bench. The article 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 ICs to illustrate the different appointment procedures and institutional features.

Original language	English
Article number	idac014
Pages (from-to)	134-148
Number of pages	15
Journal	Journal of International Dispute Settlement
Volume	14
Issue number	2
Early online date	17 Jun 2022
DOIs	https://doi.org/10.1093/jnlids/idac014
Publication status	Published - 17 Jun 2022

Keywords

Law
Political science and international relations

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10.1093/jnlids/idac014Licence: CC BY-NC-ND

Larsson_2022_JoIDS_Selection-appoint,emt_CC
Copyright © The Author(s) 2022. Published by Oxford University Press. This is an Open Access article distributed under the terms of the Creative Commons Attribution-NonCommercial-NoDerivs licence (https://creativecommons.org/licenses/by-nc-nd/4.0/), which permits non-commercial reproduction and distribution of the work, in any medium, provided the original work is not altered or transformed in any way, and that the work is properly cited.
Final published version, 276 KBLicence: CC BY-NC-ND

1 Working paper

Selection and Appointment in International Adjudication: Insights from Political Science
Larsson, O., Squatrito, T., Stiansen, Ø. & St John, T., 2 Oct 2019, Academic Forum on ISDS, 37 p.
Research output: Working paper

Cite this

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title = "Selection and appointment in international adjudication: insights from political science ",

abstract = "This article summarizes insights from political science and empirical legal scholarship concerning selection and appointment of adjudicators to permanent international courts (ICs). This scholarship suggests that designers of ICs face challenging trade-offs in balancing judicial independence and accountability, as well as in promoting descriptive representation and necessary qualifications on the bench. The article 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 ICs to illustrate the different appointment procedures and institutional features.",

keywords = "Law, Political science and international relations",

author = "Olof Larsson and Theresa Squatrito and {\O}yvind Stiansen and {St John}, Taylor",

note = "Funding: Stiansen{\textquoteright}s work was supported by the Research Council of Norway through its Centres of Excellence funding scheme, project number 223274 (PluriCourts). Financial support for Larsson{\textquoteright}s work was provided by the Swedish Research Council, project no. 2018-01693.",

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doi = "10.1093/jnlids/idac014",

language = "English",

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AU - Larsson, Olof

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AU - Stiansen, Øyvind

AU - St John, Taylor

N1 - Funding: Stiansen’s work was supported by the Research Council of Norway through its Centres of Excellence funding scheme, project number 223274 (PluriCourts). Financial support for Larsson’s work was provided by the Swedish Research Council, project no. 2018-01693.

PY - 2022/6/17

Y1 - 2022/6/17

N2 - This article summarizes insights from political science and empirical legal scholarship concerning selection and appointment of adjudicators to permanent international courts (ICs). This scholarship suggests that designers of ICs face challenging trade-offs in balancing judicial independence and accountability, as well as in promoting descriptive representation and necessary qualifications on the bench. The article 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 ICs to illustrate the different appointment procedures and institutional features.

AB - This article summarizes insights from political science and empirical legal scholarship concerning selection and appointment of adjudicators to permanent international courts (ICs). This scholarship suggests that designers of ICs face challenging trade-offs in balancing judicial independence and accountability, as well as in promoting descriptive representation and necessary qualifications on the bench. The article 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 ICs to illustrate the different appointment procedures and institutional features.

KW - Law

KW - Political science and international relations

U2 - 10.1093/jnlids/idac014

DO - 10.1093/jnlids/idac014

M3 - Article

SN - 2040-3585

VL - 14

SP - 134

EP - 148

JO - Journal of International Dispute Settlement

JF - Journal of International Dispute Settlement

IS - 2

M1 - idac014

ER -

Selection and appointment in international adjudication: insights from political science

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Selection and Appointment in International Adjudication: Insights from Political Science

Cite this