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Selecting International Judges - Principle, Process, and Politics (Hardcover)
Loot Price: R2,860
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Selecting International Judges - Principle, Process, and Politics (Hardcover)
Series: International Courts and Tribunals Series
Expected to ship within 12 - 17 working days
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This book examines the way international court judges are chosen.
Focusing principally on the judicial selection procedures of the
International Court of Justice and International Criminal Court, it
provides the first detailed examination of how the selection
process works in practice at national and international levels:
what factors determine whether a state will nominate a candidate?
How is a candidate identified? What factors influence success or
failure? What are the respective roles of merit, politics, and
other considerations in the nomination and election process?
The research was based on interviews, case studies and survey data
in a range of different states. It concludes that although the
nature and quality of nomination and election processes vary
widely, a common theme indicates the powerful influence of domestic
and international political considerations, and the significant
role of a small group of diplomats, civil servants, lawyers, and
academics, often without transparency or accountability. The
processes allow overt political considerations to be introduced
throughout the decision-making process in ways that may detract
from the selection of the most highly qualified candidates and,
ultimately, undermine independence. This is particularly evident in
the election campaigning that has become a defining feature of the
selection process, accompanied by widespread vote trading and
reciprocal agreements between states. The effect of these practices
is often to undermine the role of statutory selection criteria and
to favour candidates from more politically powerful states. The
book reviews new judicial selection models adopted or proposed in
other international and regional courts, and considers a number of
proposals for change to promote more independent, transparent, and
merit-based nomination and election procedures.
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