The International Judge

by Terris, Daniel; Romano, Cesare P. R.; Swigart, Leigh

• ISBN13: 9781584656661
• ISBN10: 1584656662
• Format: Hardcover
• Copyright: 2007-11-30
• Publisher: Brandeis Univ

Summary

Over the last century, international law, once reserved for arcane matters of diplomacy and trade, has come to encompass a broad range of human experience and activity. In the wake of major historical developments, the nations of the world have created a new set of legal institutions designed to resolve disputes between global actors, to settle conflicts that might otherwise play out on the battlefield, and to offer the promise of justice to those who cannot find it within their own countries. The success of these institutions rests ultimately on the shoulders of just over 200 men and women who serve in a role unheard of less than a hundred years ago: the international judge. In the United States, the work of international judges is poorly understood, and the institutions that they serve have been frequent targets of misinformed criticism. This volume corrects some of the common American misperceptions about international judges, while providing a balanced introduction to both the strengths and shortcomings of their work. As they rule on crucial issues of war and peace, human rights, and trade, in addition to high-profile criminal trials, international judges are playing a critical role in developments that will affect world affairs - and law and society in the United States -- for years to come. Based on interviews with over 30 international judges, this volume is the first comprehensive portrait of the men and women in this new global profession. It begins with an overview of international courts and a profile of international judges as a group. The working environment of international judges is closely examined in courts around the world, highlighting the challenge of carrying out work in multiple languages, in the context of intricate bureaucratic hierarchies, and with a necessary interdependence between judges and their courts' administration. Arguing that international judges have to balance their responsibilities as interpreters of the law and as global professionals, the authors discuss the challenges of working in the fluid circumstances of international courts. Profiles of five individual judges provide insight into the experience and dilemmas of the men and women on the international bench.

Author Biography

DANIEL TERRIS is the Director of the International Center for Ethics, Justice, and Public Life at Brandeis University and author of Ethics at Work: Creating Virtue in an American Corporation (Brandeis, 2005). CESARE P. R. ROMANO is Associate Professor of Law at Loyola Law School Los Angeles, and Assistant Director of the Project on International Courts and Tribunals. LEIGH SWIGART is an anthropologist and the Director of Programs in International Justice and Society at the International Center for Ethics, Justice, and Public Life at Brandeis.

Table of Contents

Foreword	p. ix
Introduction	p. xi
What is an international judge?
Why are international judges important?
Behind this book
Methodology
The international judge: A road map
List of Abbreviations	p. xxiii
International Courts: An Overview	p. 1
A brief history of international adjudication
Definitions
In the news
The limits of the judicialization of world relations
International Judges: Who Are They and How Do They Get on the Courts?	p. 15
A group portrait
International judges wanted: the job market
The quest for representativeness
Profile: Navanethem Pillay, Judge of the International Criminal Court	p. 39
Inside the Courts	p. 49
A sketch of the courts
Everyday work
Deliberations and judgment writing
Culture and the courts
The challenges of linguistic diversity
The pace of justice
The other side of the bench
Across the courts
Profile: Thomas Buergenthal, Judge of the International Court of Justice	p. 92
International Judges and International Law	p. 102
A matter of interpretation
Procedural law
Substantive law
The emperor's new clothes
The limits of lawmaking
Reluctant lawmakers
Profile: Georges Abi-Saab, Member of the World Trade Organization Appellate Body	p. 131
Between Law and Politics	p. 147
The fiction of seclusion
Conflicting loyalties
The influence of states
The role of presidents
Money and resources
The United States' shadow
Public pressures
Global justice, local impact
Profile: Cecilia Medina Quiroga, Judge of the Inter-American Court of Human Rights	p. 180
Tests of Character	p. 191
Earning respect
Canons and codes
Commitments, conflicts, and recusal
The international judge as moonlighter
Competence and decorum
"Corporate solidarity."
Circumstance and experience
Moral stature
Profile: John Hedigan, Judge of the European Court of Human Rights	p. 212
Conclusion	p. 221
Toward an uncertain future
The future of the "invisible college."
New law, new problems
Fragility and independence
The role of the national judge
Ultimate purposes
Basics of International Courts	p. 236
Judges Interviewed for This Book	p. 246
Commonalities and Differences between the Civil Law and the Common Law Legal Traditions	p. 248
Acknowledgments	p. 253
Notes	p. 257
Bibliography	p. 285
Index	p. 301
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