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Identity and Diversity on the International Bench Who is the Judge 1st Edition by Freya Baetens ISBN 9780198870753 0198870752

Name: Identity and Diversity on the International Bench Who is the Judge 1st Edition by Freya Baetens ISBN 9780198870753 0198870752
SKU: EB-33176516
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Identity and Diversity on the International Bench: Who is the Judge? 1st Edition Freya Baetens Digital Instant Download

Author(s): Freya Baetens

ISBN(s): 9780198870753, 0198870752, 2020942398

Edition: 1

File Details: PDF, 4.84 MB

Year: 2020

Language: English

SKU: EB-33176516 Category: Jurisprudence & Law - General & Miscellaneous Law Tag: Freya Baetens

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Identity and Diversity on the International Bench Who is the Judge 1st Edition by Freya Baetens – Ebook PDF Instant Download/Delivery: 9780198870753 ,0198870752
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Cover image: Identity and Diversity on the International Bench

Product details:

ISBN 10: 0198870752
ISBN 13: 9780198870753
Author: Freya Baetens

International courts and tribunals hold the power to decide on questions involving sovereignty over territory, grave human rights violations, international crimes, or millions of euros’ worth of economic interests. Judges and arbitrators are the ‘faces’ and arguably the drivers of international adjudication. Yet certain groups tend to be overrepresented on international benches, while others remain underrepresented. Although international courts and tribunals differ in their institutional make-up and functions, they all rely in essence on the judgement of a group of individuals, each with their own background and experience. Even if adjudicators’ identity is not the only, and may not be the decisive, influence on their decision-making, the relative lack of diversity has an effect on the judicial process and its outcomes, which in turn entails broader implications for the legitimacy of international law. This book analyses the implications of identity and diversity across numerous international adjudicatory bodies, focusing on a wide range of factors. Lack of diversity within the judiciary has been identified as a legitimacy concern in domestic settings, and the last few years have seen increasing attention to this question at the international level as well, making the book both timely and topical.

Identity and Diversity on the International Bench Who is the Judge 1st Edition Table of contents:

1. Identity and Diversity on the International Bench: Implications for the Legitimacy of International Adjudication

Part I: Towards the International Bench

2. The Smurfette Principle: Reflections about Gender and the Nomination of Women to the International Bench

3. Generating Incentives to Appoint Women to the International Bench: Experiences with State Practice

4. Justifications for the Promotion of Religious Diversity on the International Bench

5. Judges Ad Hoc at the International Court of Justice: A Means for Enhancing Regional and Legal Systemic Diversity in the Composition of the Court?

6. The Party-Appointment Process: Addressing Barriers to Equal Opportunities for Women in the Appointment of Ad Hoc Adjudicators

7. African Women’s Paths to the International Bench: How to Overcome the Hurdles

8. Analysing Appointments in International Arbitration: Nationality, Ethnicity, Race, and Legal Training of Arbitrators

9. Legitimacy of Investor-State Arbitration: Addressing Development Bias Among International Arbitrators

10. Fifty Years of Women at the European Court of Human Rights: Successes and Failures of the Council of Europe’s Gender Agenda

Part II: On the International Bench

11. The Identity Conundrum: Legitimacy and Doubt on the International Bench

12. Judicial Education and International Courts: A Proposal Whose Time has Come?

13. Additional Opinions and Judicial Diversity at the International Court of Justice: A Research Methodology

14. Citing Religious Texts in Individual Opinions to Judgments of the International Court of Justice: Do Judges Incorporate Their Religious Identity in Judicial Decision-Making?

15. A Question of Impartiality: Who are the Dissenting Arbitrators in Investment Treaty Arbitration?

16. Adjudicating International Trade Cases in the World Trade Organization: Does Gender Make a Difference?

17. The Contribution of Women Judges and Prosecutors to the Development of International Criminal Law

18. The Contribution of Female Judges to the Victim Jurisprudence of the International Criminal Court

19. Judicial Legal Culture and Victim Procedural Status at the Special Tribunal for Lebanon and Extraordinary Chambers in the Courts of Cambodia

20. Appearing Before and Sitting With Female Adjudicators: Reflections from Practice

Part III: Beyond the International Bench

21. Diversity and Legitimacy of the World Trade Organization’s Bench

22. Ethnicity, Religion, and Diversity at the International Criminal Court: Is More Too Much?

23. The Significance of Religious Diversity in International Human Rights Adjudication

24. Diversity on the Bench of the European Court of Human Rights: A Clash of Paradigms

25. Peru’s ‘Intercultural Law’ Proposal: Promoting Ethnic Diversity in the Administration of Justice

26. Keeping Gender on the Agenda for International Benches: A Case Study of the African Court on Human and Peoples’ Rights

Epilogue Diversity, Inclusion, and Legitimacy in International Courts and Tribunals: Insights from Within, Perspe

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