The Judicial Self-Government at the International Level – A New Research Agenda

Result code in IS VaVaI

<a href="https://www.isvavai.cz/riv?ss=detail&h=RIV%2F00216224%3A14220%2F18%3A00104952" target="_blank" >RIV/00216224:14220/18:00104952 - isvavai.cz</a>

Result on the web

<a href="https://static1.squarespace.com/static/56330ad3e4b0733dcc0c8495/t/5c16c9ee03ce649dbac56c96/1544997359272/Vol_19_No_7_Tsereteli_Smekal.pdf" target="_blank" >https://static1.squarespace.com/static/56330ad3e4b0733dcc0c8495/t/5c16c9ee03ce649dbac56c96/1544997359272/Vol_19_No_7_Tsereteli_Smekal.pdf</a>

DOI - Digital Object Identifier

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Result language

angličtina

Original language name

The Judicial Self-Government at the International Level – A New Research Agenda

Original language description

The phenomenon of judicial self-government at international courts has thus far been vastly understudied. Our article fills this gap and systematically explores its personal dimension, both from formal and informal perspectives. Specifically, we focus on the selection, promotion,and removal of international judges. We build our analysis on studying legal instruments, such as constitutive treaties, statutes,andrules of procedure, which we subsequently supplement by anecdotal evidence of how they work in practice. We show that each international courtis unique in terms of the forms and extent of participation of its judges in deciding on international judicial careers. There is a variation as regards the forms and degree of judicial self-government across international courts and across the relevant areas of decision-making for each court. However, some broader patterns and trends emerge from our examination of relevant provisions and practices. First, some courts display consistently low degrees of judicial self-government across all these areas of decision-making while other courts display relatively higher degrees. Second, judicial self-government does not manifest itself at the international level in entirely the same way as it does at the national level. We found that while judicial self-government manifests itself relatively strongly in the areas of promotions and removals of international judges, it is limited in the area of selectionof international judges. International courts are not, strictly speaking, self-governing in the latter area, because the sitting judges of these courts are rarely members of the bodies that decide or advise on selecting new judges. However, sitting judges of some international courts have become involved in the formation of the bodies screening candidates and/or in selecting the members of such bodies. Hence, judicial self-government has started manifesting itself in selection processes internationally, albeit in a limited fashion, with only indirect involvement of sitting international judges.

Czech name

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Czech description

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Type

J_ost - Miscellaneous article in a specialist periodical

CEP classification

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OECD FORD branch

50902 - Social sciences, interdisciplinary

Project

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Continuities

R - Projekt Ramcoveho programu EK

Publication year

2018

Confidentiality

S - Úplné a pravdivé údaje o projektu nepodléhají ochraně podle zvláštních právních předpisů

Name of the periodical

German Law Journal

ISSN

2071-8322

e-ISSN

2071-8322

Volume of the periodical

19

Issue of the periodical within the volume

7

Country of publishing house

DE - GERMANY

Number of pages

28

Pages from-to

2137-2164

UT code for WoS article

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EID of the result in the Scopus database

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