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2 - The Role of an ICJ Judge

from Part I - The Role of the ICJ

Published online by Cambridge University Press:  18 May 2023

By
Judge Sir Kenneth Keith
Edited by
Carlos Espósito  and
Kate Parlett
Carlos Espósito
Affiliation:
Universidad Autónoma de Madrid
Kate Parlett
Affiliation:
Twenty Essex, London
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Summary

The chapter considers the process of nomination and election of judges, as well as their qualifications and the outcomes of the election process. It then examines the way in which the Court engages as a judicial body with the parties, with specific reference to the Court’s exercise of its advisory jurisdiction. Finally, it discusses the process of decision making, before drawing conclusions on the outcomes of that process, i.e. the judgments and opinions of the Court.

Keywords

judgesjudges ad hocelection of judgesindependenceimpartialityparties before the Courtparticipants before the Courtdecision makingjudgmentsadvisory opinionsdevelopment of international law
Type
Chapter
Information
The Cambridge Companion to the International Court of Justice , pp. 46 - 67
Publisher: Cambridge University Press
Print publication year: 2023

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References

Further Reading

Higgins, R., ‘A Comment on the Current Health of Advisory Opinions’, in Lowe, V. and Fitzmaurice, M. (eds.), Fifty Years of the International Court of Justice: Essays in Honour of Sir Robert Jennings (Cambridge University Press, 1996), p. 567.CrossRefGoogle Scholar
Jennings, R., ‘The Internal Judicial Practice of the International Court of Justice’ The British Yearbook of International Law Vol 59 (1988), pp. 31–47.Google Scholar
Keith, K. J., ‘International Court of Justice: Reflections on the Electoral Process’ The Chinese Journal of International Law Vol 9 (2010) pp. 49–80.CrossRefGoogle Scholar
Lauterpacht, H., The Development of International Law by the International Court (Stevens & Sons, 1958).Google Scholar
McKenzie, R. et al. (eds.), Selecting International Judges: Principle, Process, and Politics (Oxford University Press, 2010).CrossRefGoogle Scholar
Sarvarian, A. et al. (eds.), Procedural Fairness in International Courts and Tribunals (London: British Institute of International and Comparative Law, 2015).Google Scholar
Schachter, O., ‘The Invisible College of International Lawyers’ (1977) 72 Northwestern University Law Review 217–226.Google Scholar

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