Cookies Policy
X

This site uses cookies. By continuing to browse the site you are agreeing to our use of cookies.

I accept this policy

Find out more here

Full Access International Judges and Experts’ Impartiality and the Problem of Past Declarations

No metrics data to plot.
The attempt to load metrics for this article has failed.
The attempt to plot a graph for these metrics has failed.
The full text of this article is not currently available.

Brill’s MyBook program is exclusively available on BrillOnline Books and Journals. Students and scholars affiliated with an institution that has purchased a Brill E-Book on the BrillOnline platform automatically have access to the MyBook option for the title(s) acquired by the Library. Brill MyBook is a print-on-demand paperback copy which is sold at a favorably uniform low price.

International Judges and Experts’ Impartiality and the Problem of Past Declarations

  • HTML
  • PDF
Add to Favorites
You must be logged in to use this functionality

image of The Law & Practice of International Courts and Tribunals

The impartiality of international judges, fact-finders and rapporteurs is a central issue for the international rule of law. Although much attention has been devoted to conflicts of interest and prior office, the status of previous declarations that might impinge on impartiality remains a complex matter whose practical and theoretical ramifications have not been wholly addressed. This article explores the conditions under which prior utterances might impugn the impartiality of international judicial or other international mandate holders involved in the administration of international law. It proposes to frame the problem not merely as it relates to a particular kind of international agent (judge, or expert, or rapporteur), but more broadly as involving an assessment of the notion of impartiality as such. The article begins by proposing a broad outline of the international impartiality regime, drawing on recent cases and practice. It then makes the argument that impartiality should be evaluated by examining a broad range of factors that may demonstrate the presence of bias, and that are not reducible to a simple legal formula. The article seeks to make a contribution to outlining these factors on the basis of existing case law and best practices.

Affiliations: 1: Faculty of Law, McGill University, the Canada Research Chair in the Law of Human Rights and Legal Pluralism Canada

10.1163/157180311X565133
/content/journals/10.1163/157180311x565133
dcterms_title,pub_keyword,dcterms_description,pub_author
6
3
Loading

The impartiality of international judges, fact-finders and rapporteurs is a central issue for the international rule of law. Although much attention has been devoted to conflicts of interest and prior office, the status of previous declarations that might impinge on impartiality remains a complex matter whose practical and theoretical ramifications have not been wholly addressed. This article explores the conditions under which prior utterances might impugn the impartiality of international judicial or other international mandate holders involved in the administration of international law. It proposes to frame the problem not merely as it relates to a particular kind of international agent (judge, or expert, or rapporteur), but more broadly as involving an assessment of the notion of impartiality as such. The article begins by proposing a broad outline of the international impartiality regime, drawing on recent cases and practice. It then makes the argument that impartiality should be evaluated by examining a broad range of factors that may demonstrate the presence of bias, and that are not reducible to a simple legal formula. The article seeks to make a contribution to outlining these factors on the basis of existing case law and best practices.

Loading

Full text loading...

/deliver/15691853/v10n1_s5.html;jsessionid=u7VOQAhsCIDDu7qp6ETh3BZM.x-brill-live-03?itemId=/content/journals/10.1163/157180311x565133&mimeType=html&fmt=ahah
/content/journals/10.1163/157180311x565133
Loading

Data & Media loading...

http://brill.metastore.ingenta.com/content/journals/10.1163/157180311x565133
Loading
Loading

Article metrics loading...

/content/journals/10.1163/157180311x565133
2011-01-01
2016-12-06

Sign-in

Can't access your account?
  • Tools

  • Add to Favorites
  • Printable version
  • Email this page
  • Subscribe to ToC alert
  • Subscribe to Citation alert
  • Get permissions
  • Recommend to your library

    You must fill out fields marked with: *

    Librarian details
    Your details
    Why are you recommending this title?
    Select reason:
     
    The Law & Practice of International Courts and Tribunals — Recommend this title to your library
  • Export citations
  • Key

  • Full access
  • Open Access
  • Partial/No accessInformation