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The issue of the defining elements of a truly fair justice system has become a constant and consistent concern of international and/or regional political and legal organisations. Given the scale of the phenomenon of establishing and resorting to international courts and tribunals, reflecting, among others, the preference and availability of international actors for settling their disputes by independent and impartial decision-makers, the principles and values of the international judiciary have been subjected to discussions in an increasingly elaborate manner. Among these, judicial independence occupies a special position, being tightly connected to the issue of the legitimacy of such institutions, as an essential factor in ensuring voluntary compliance to the internationally adopted decisions. In this context, the present paper addresses the independence of the judiciary in international courts, both in terms of the fundamental theoretical contributions and from a practical perspective, by following the institutional provisions and guarantees for ensuring an independent and impartial judiciary in the statutes of two of the most relevant international courts, namely the International Court of Justice and the International Criminal Court.

The question of adjudication in international financial law has rarely been analysedcomprehensively in the legal literature. This can probably be explained with the factthat, unlike in other areas of international economic law, there is no internationalfinancial court specifically designed to adjudicate international disputes between financial regulators, or between governments and financial institutions or investors.Moreover, the informality of regulatory cooperation through Transnational RegulatoryNetworks (TRNs), the use of soft laws to regulate international financial relations, andthe presence of prudential carve-outs in international treaties was supposed to keepfinancial supervisory and regulatory authorities free from international scrutiny and tolimit the judicial review of regulatory measures to a purely domestic exercise. Yet, financial measures are increasingly challenged in international investment tribunals, human rights courts, and regional courts. From 1995 to 2016, there have been more than 100 known international disputes on financial services, of which roughly two thirds involved a supervisory measure such as the resolution or bankruptcy of an insolvent bank or the imposition of supervisory fines. The remaining claims mostly included violation of sovereign debt contracts, or emergency legislation affecting financial services. Investment arbitrations, in particular, are considerably on the rise. The increased number of regulatory disputes represents fundamental implications for the financial regulatory community in terms of domestic governance, regulatory cooperation, and global financial stability.This essay empirically investigates and maps for the first time the patterns of international adjudication in financial law, and comments on what the rise of international litigation means for the global financial architecture.

The archives produced by international courts have received little empirical, theoretical or methodological attention within international criminal justice (ICJ) or international relations (IR) studies. Yet, as this book argues, these archives both contain a significant record of past violence, and also help to constitute the international community as a particular reality. As such, this book first offers an interdisciplinary reading of archives, integrating new insights from IR, archival science and post-colonial anthropology to establish the link between archives and community formation. It then focuses on the International Criminal Tribunal for Rwanda's archive, to offer a critical reading of how knowledge is produced in international courts, provides an account of the type of international community that is imagined within these archives, and establishes the importance of the materiality of archives for understanding how knowledge is produced and contested within the international domain.

This article discusses the problems with enforcement of decisions of international courts. The issue of compliance by states with decisions of international courts is critical for the whole system of international law. If states cannot rely on law and have it clarified and enforced through courts' judgements, international law would become useless, disregarded, avoided and replaced by economic or military pressure or force. There exist a variety of different enforcement mechanisms in courts with global (International Court of Justice, World Trade Organization Dispute Settlement Body) and regional (European Court of Justice, Economic Court of the Commonwealth of Independent States, Court of Eurasian Economic Union) reach. Basically every international court has got some type of formal enforcement mechanism, even if it is only political in nature. But none can be called very effective and in particular – efficient. Some of them are equipped with economic sanctions (suspension of concessions, penalty payment, lump sum). They are not used often though. One should note that records of compliance with decision of courts which are able to impose sanctions are also far from being perfect. In particular, it seems that wealthy states can simply afford bearing economic sanctions without execution of the court decision. They therefore "buy themselves out" of their legal obligations. There is no doubt that for the sake of international legal certainty and stability it is desirable that international community pays more attention to improving the mechanisms for enforcement of decisions of international courts.

This article discusses the problems with enforcement of decisions of international courts. The issue of compliance by states with decisions of international courts is critical for the whole system of international law. If states cannot rely on law and have it clarified and enforced through courts' judgements, international law would become useless, disregarded, avoided and replaced by economic or military pressure or force. There exist a variety of different enforcement mechanisms in courts with global (International Court of Justice, World Trade Organi-zation Dispute Settlement Body) and regional (European Court of Justice, Economic Court of the Commonwealth of Independ-ent States, Court of Eurasian Economic Union) reach. Basi-cally every international court has got some type of formal enforcement mechanism, even if it is only political in nature. But none can be called very effective and in particular – effi-cient. Some of them are equipped with economic sanctions (suspension of concessions, penalty payment, lump sum). They are not used often though. One should note that records of compliance with decision of courts which are able to impose sanctions are also far from being perfect. In particular, it seems that wealthy states can simply afford bearing economic sanc-tions without execution of the court decision. They therefore "buy themselves out" of their legal obligations. There is no doubt that for the sake of international legal certainty and stability it is desirable that international community pays more attention to improving the mechanisms for enforcement of decisions of international courts.

International audience ; International courts (ICs) have not only been specifying States' duties, but have also contributed to the definition of States themselves. The article focuses on the case-law of three ICs: the International Court of Justice qua generalist international law court, and its making of the 'internationalised State'; the European Court of Human Rights qua regional human rights court, and its moulding of the 'democratic State'; and the Court of Justice of the European Union qua court of a regional economic organisation, and its making of the 'managerial State'. The first part assesses the role of ICs in the development of the international law of statehood. The second part identifies the making of the State in the three ICs' case-law and compares the ways in which statehood is actually performed through international jurisprudence. A third part presents three critiques of the contemporary international jurisprudence of statehood and explores ways to reform it.

Amicus curiae participation in international courts is steadily growing since the late 1990 despite lack of clarity on the concept's nature, function and utility in international dispute settlement. Does amicus curiae infuse international judicial proceedings with alternative views, including the public interest in a case, as often advocated by NGOs? Does it increase the legitimacy and transparency of international dispute settlement, or the coherence of international law? Or is it an unhelpful impostor that impedes negotiated solutions and derails the proceedings at the expense of the parties to advance its own agenda? By way of an empirical-comparative analysis of the laws and practices of the ICJ, the ITLOS, the ECtHR, the IACtHR, the IACtHPR, WTO panels and the Appellate Body, and investment arbitration the dissertation examines the status quo of amicus curiae before international courts and tribunals to determine if the current amicus curiae practice is of added value to international proceedings and international dispute settlement in general. The dissertation shows that there is no common concept of international amicus curiae, but that amicus curiae before the international courts examined share a few characteristics. A proposed functional systematization highlights overlaps and diverging uses of the concept before international courts and helps scholars and practitioners to assess the opportunities and limits of the concept. Analysis of the concept's current regulatory framework and its substantive effectiveness reveals a hesitation in particular by courts with a strong adversarial tradition to take into account the views of a non-party despite the positive experience with the concept in regional human rights courts. The dissertation concludes that neither the expectations nor the concerns attached to amicus curiae participation in international proceedings have materialized. It argues that the concept can contribute to improved decisions and decision-making in international dispute settlement if regulated and used properly.

States are free, yet everywhere live under international courts and tribunals (ICs). As they proliferate and gain power across ever more domains, ICs become targets of resistance and criticism that they are illegitimate authorities. What reasons might a state have to defer to an IC's judgment or interpretation, even when the state regards it as mistaken, and even when it conflicts with the interests and objectives of government? Section I sketches the multiple tasks of ICs, in complex interdependence with other actors. Their core task is to adjudicate disputes through interpretation and application of international law by legal methods. This may also contribute indirectly to a range of further tasks. Section II addresses some aspects of the relation between normative legitimacy of ICs and descriptive legitimacy - actors' beliefs therein. Section III shows how a wide range of legitimacy challenges concern ways ICs fail to carry out their tasks. This account does not seek to provide substantive arguments or seek to show that all such criticisms are correct. The aims are rather to make many such criticisms comprehensible as legitimacy concerns, to provide a rationale for popular taxonomies of legitimacy criticisms, and to indicate which premises and arguments are required for such criticisms to be sound.

Die Strafverfolgung der Piraterie ist auch drei Jahre nach Beginn der internationalen Marineoperationen am Horn von Afrika ein ungelöstes Problem. Die Gründe hierfür sind vielfältig. Oft wird das Fehlen eines entsprechenden nationalen Piraterierechts als Grund genannt. Fehlender politischer Wille ist der Hauptgrund für einen Verzicht auf Strafverfolgung. Die Verfahren gegen mutmaßliche Piraten sind teuer und langwierig und stellen eine erhebliche logistische Belastung für den anklagenden Staat dar. Die Lasten und Risiken der Strafverfolgung der Piraterie werden von den Staaten nicht altruistisch auf sich genommen, sondern nur, wenn die eigenen Interessen unmittelbar betroffen sind. Die gegenwärtig verfolgte Strategie, das Problem der Strafverfolgung der Piraterie vor Somalia durch Überstellungen in Drittstaaten zu lösen, könnte für die überstellenden Staaten zu einem juristischen Bumerang werden. Art. 105 des Seerechtsübereinkommens stellt keine Grundlage für eine Gerichtsbarkeit von Drittstaaten dar. Eine möglicherweise früher völkergewohnheitsrechtlich bestehende unbeschränkte universelle Gerichtsbarkeit ist jedenfalls spätestens seit der Kodifikation durch das Übereinkommen über die Hohe See und das Seerechtsübereinkommen untergegangen. Ferner stellt sich auch die Frage nach der nationalrechtlichen Strafbefugnis der Drittstaaten. Hiervon unabhängig werden Überstellungen in Drittstaaten, wie die Kündigung des Übernahmeabkommens durch Kenia zeigt, immer nur eine kurzfristige Verschiebung des Problems bedeuten Bereits zu Beginn der Operation ATALANTA hat es national und international Forderungen nach einem internationalen Gerichtshof für Piraterie gegeben. Denkbare Modelle für ein international(-isiert)es Piraterie-Gericht für Somalia wären ein extraterritoriales somalisches Gericht in einem sicheren Drittstaat, spezialisierte Kammern innerhalb der nationalen Gerichtsbarkeit Somalias oder regionaler Staaten, ein regionales Tribunal auf multilateraler Basis, ein internationales Tribunal auf bilateraler Basis oder ein ad hoc Tribunal auf Grundlager einer Resolution des UN-Sicherheitsrates nach Kapitel VII UNC. Letzteres ist vor dem Hintergrund zeitlicher und fachlicher Anforderungen an ein internatio¬nal(-isiert)es Gericht die einzig realistische Alternative. Trotz der hohen Fallzahlen macht die Piraterie vor Somalia aber nur etwa die Hälfte aller Fälle aus. Das Beispiel Somalia zeigt, dass jederzeit irgendwo auf der Welt neue Brennpunkte der Piraterie entstehen können. Auch in Asien nimmt die Piraterie trotz anfänglicher Erfolge bei deren Bekämpfung wieder zu. Das Beispiel Somalia zeigt auch, wie schwer sich die Staaten mit der Strafverfolgung der Piraterie tun. Es läge daher im Interesse der Schifffahrtsnationen über ein ad hoc Tribunal für Somalia hinaus eine ständige Einrichtung zu schaffen, die bei Bedarf unverzüglich die Strafverfolgung aufnehmen kann, wenn ein Staat nicht willens oder in der Lage dazu ist. Hierfür bietet sich die Einrichtung einer Abteilung für Piraterie am Internationalen Seegerichtshof an. Für eine effektive Bekämpfung und Strafverfolgung der Piraterie darf die Reform hier aber nicht stehenbleiben. Insbesondere muss die begriffliche Erfassung strafbarer Handlungen durch Einbeziehung der Küstengewässer erweitert und die Durchlässigkeit der Gewässerzonen durch die Einführung eines Rechts der umgekehrten Nacheile verbessert werden. Daneben müssen das Finanzieren und Organisieren von Piraterie und die Absicht, Piraterie zu begehen, unter Strafe gestellt werden. Die Deklarierung zur völkerrechtlichen Straftat und die Einführung einer Strafverpflichtung sind keine Garantie gegen Straflosigkeit, können aber dazu beitragen, dass sich die Staaten einer Strafverfolgung der Piraterie stärker als bisher verpflichtet fühlen. Mit einem Strafgewaltsgerichtshof gibt es auch eine "kleine Lösung". Dieser könnte die Zuständigkeit zur Strafverfolgung einem der beteiligten Staaten verbindlich zuweisen. ; Three years after the international navy operations have begun at the Horn of Africa; criminal prosecution of piracy is still an unsolved problem. For that there are various reasons. Often it is justified by a missing corresponding international piracy law. A missing political will is the main reason to forbear criminal prosecution. The procedures against alleged pirates are expensive and long-winded and are a considerable logistical burden for the indicting country. The countries do not carry the burdens and risks of a piracy criminal prosecution out of altruistic interest, but only if the own interest are directly affected. The current pursued strategy to solve the problem of piracy criminal prosecution of Somalia by extraditing to a third country could become a judicial boomerang for the extraditing country. Article 105 of UNCLOS does not constitute a basis for jurisdiction of third countries. A possibly unlimited universal jurisdiction of an earlier customary existing international law has certainly gone down ever since the codification of the Convention on the High Seas and UNCLOS. Additionally the question regarding the national legal power to impose sanctions by third countries arises. Regardless of which, an extradition to third countries only imply a short-term remedy for the problem, as the termination of the transfer agreement of Kenya shows. Already at the beginning of the operation ATALANTA there were national and international demands of an International Court of Justice for piracy. Possible models for an international or internationalized piracy court for Somalia could be an extraterritorial Somali court in a safe third country, specialized chambers within Somalia's national jurisdiction or regional country, a regional tribunal on a multilateral base, an international tribunal on a bilateral basis or an ad hoc tribunal based on a resolution of the UN Security Council according to chapter VII UNC. The latter is the only realistic alternative in context of timely and specialized requirements of an international (internationalized) court. Despite the high number of cases, piracy of Somalia only consist of about half of all cases. The example Somalia shows that at any time and anywhere in the world, new piracy burning points can establish. The cases in Asia are again increasing despite the initial success. The example Somalia also shows how difficult it is for the countries to prosecute pirates. Therefore it would be of great interest to the shipping nations to establish additionally to an ad hoc tribunal for Somalia, a constant authority, which when needed can start prosecution immediately when a country is not willing or able to. Here it would be useful to establish a department for piracy at the International Tribunal for the Law of the Sea. In order to enable an effective fight against piracy and criminal prosecution, the reform cannot not stop here. Especially the used terms of criminal acts has to be extended by including the coastal waters and the permeability of the water zones has to be improved by introducing the right of reversed pursuit. In addition to that, piracy financing and organization and the intention to commit piracy must impose penalties. A declaration of international criminal acts and introduction of a prosecution obligation however can contribute to the countries feeling more obligated towards piracy prosecution, stronger than before. However a penal power tribunal offers a "small solution". This could assign bindingly one of the concerned countries the jurisdiction of prosecution.

We study the role of international tribunals, like the International Criminal Court (ICC), as an effective way of reducing the number and/or gravity of crimes against humanity. The action of the ICC is directed against leaders that promote or tolerate these kinds of crimes, that is, political authorities, army commanders, civil leaders, etc. In order to simulate the action of the ICC we build a hierarchical society where the most important leaders have the highest connectivity and can spread their points of view, or their orders, through a chain of less but still highly connected deputy chiefs or opinion chieftains. In this way, if they practice misconduct, corruption, or any kind of discriminatory or criminal actions against individuals or groups, it would very difficult and improbable that they will be prosecuted by the courts of their own country. It is to alleviate this situation that the ICC was created. Its mission is to process and condemn crimes against humanity though a supranational organism that can act on criminal leaders in any country. In this study, the action of the ICC is simulated by removing the corrupt leader and replacing it by a ''decent'' one. However, as the action of the corrupt leader could have spread among the population by the time the ICC acts, we try to determine if a unique action of the ICC is sufficient or if further actions are required, depending on the degree of deterioration of the human rights in the hypothetical country. The results evidence the positive effect of the ICC action with a relatively low number of interventions. The effect of the ICC is also compared with the action of the local national judiciary system.

This dissertation asks: when do international courts promote cooperation among countries? I argue that international courts can successfully restore economic relations between disputing governments but their impact depends on domestic politics. When confronted with an adverse legal ruling from an international court, a defendant government must determine whether and when to comply. Governments are constrained by domestic institutional divisions and partisan conflict: "veto points." Countries with substantial divisions are less likely to comply because more political actors must coordinate to implement the ruling. As partisan divisions grow, government leaders are constrained by their domestic opposition and compliance becomes more difficult. The design of the international court contributes to this effect. Courts vary in their ability to sanction violations. When the court is designed to be flexible, imposing low costs for noncompliance, the impact of domestic politics is particularly pronounced. These arguments are tested with international trade disputes at the World Trade Organization (WTO) and the European Court of Justice (ECJ). The first empirical chapter uses WTO disputes to examine the impact of domestic politics in the defendant country on compliance with adverse legal rulings. Adverse rulings require a defendant government to remove trade barriers so this chapter assesses compliance using trade flows. I build a novel data set on compliance using the method of synthetic case control and product-level time-series trade data. I infer the defendant complied if trade flows increased after the dispute, relative to estimated levels that would have occurred in the absence of the ruling. The estimates show compliance problems are both widespread and systematically linked to domestic politics. Domestic constraints---measured in terms of veto points---hinder compliance.The second empirical chapter tests my main argument on the European Court of Justice. I show that domestic political constraints in European Union countries also impact compliance with adverse legal rulings. I focus on infringement disputes over trade-related issues, instances in which European member states imposed illegal barriers to intra-European commerce. This chapter uses a hierarchical model that captures the multi-level structure of the data. By examining intra-European trade over time, I show that adverse rulings lead to a modest increase in trade but this tendency is conditional on domestic politics. Defendant governments with many veto players appear impervious to adverse rulings. The findings indicate that ECJ rulings can prompt governments to open their markets to more European commerce, but that domestic politics can obstruct this process. The third empirical chapter evaluates the effectiveness of international dispute settlement along a different dimension: the time to resolve a dispute. Because prolonged lawsuits can buy defendants time to ``cheat'' at the expense of plaintiffs and other members of the international institution, they can have deleterious effects on cooperation that are similar to noncompliance. This chapter demonstrates that WTO and ECJ lawsuits against defendants with many domestic veto points lasted longer on average, before the countries acquiesced. Moreover, the ill effect of veto players on dispute resolution has been stronger in the WTO than the ECJ. I argue that the design of the international court mediates the impact of domestic veto players on dispute duration. In sum, my dissertation shows that international courts can successfully promote economic cooperation between countries but their effectiveness hinges on domestic politics.

The African Court of Human and Peoples' Rights (ACtHPR) made history on August 27, 2018. The majority of its judges were female—six of 11, and the first among international courts and tribunals (ICs) to secure sex parity—that is, numerical equality.1 This achievement is even more remarkable given that only 23% of the judges and arbitrators of the ICs are women.2 The milestone also prompts us to consider more closely what considerations of legitimacy entail about the proportion of women international judges. The present composition of ICs is clearly under legal, social, and political control, and ICs have profound effects. The persistent underrepresentation of women is especially striking since not only civil society groups, but also the states who nominate and establish election procedures have agreed several treaties that require or urge a balance of gender representation.3 So it would seem that the parity achieved by the ACtHPR should be applauded. However, that IC may now be even more gender equal than we may have reason to require of a legitimate IC—or so this article argues. A less egalitarian composition within a "parity zone" of approximately 40% of either of the main sexes seems to suffice. The present reflections considers various possible arguments offered concerning the impact of gender inequality on the international bench, drawing in part on studies of domestic judiciaries, as well as on available research and reflections by practitioners and women international judges.4 Several arguments support calls to increase the proportion of female international judges—but how far? Section 2 addresses some background issues: first concerning the terms "feminism," "sex," and "gender," then, the tasks of ICs that should lead us to question the present sex inequality on the international bench.

This research attempts to shed light on the role of the international Court of Justice (ICJ) and the significance of its adjudicatory and advisory functions. The theme of this research will initially project a brief introduction of the topic in question, keeping in view the historical and contemporary perspectives of the ICJ. This research also focuses on the organizational structure of the United Nations, keeping in view the position and role of the ICJ within the organization. With practical examples of case laws, the ambit of judicial review in the context of judicial and advisory function of ICJ will also be taken into account. It will also present brief analysis on the intra-organizational relationship between the ICJ and other organs of the UN. ; This research attempts to shed light on the role of the international Court of Justice (ICJ) and the significance of its adjudicatory and advisory functions. The theme of this paper will initially project a brief introduction of the topic in question, keeping in view the historical and contemporary perspectives of the ICJ . This research also focuses on the organizational structure of the United Nations, keeping in view the position and role of the ICJ within the organization. With practical examples of case laws, the ambit of judicial review in the context of judicial and advisory function of ICJ will also be taken into account. It will also present brief analysis on the intra-organizational relationship between the ICJ and other organs of the UN.

The paper deals with the analysis of the legal nature of international courts' decisions and their impact on the international financial legal order. The author claims that decisions of international courts, creating no new international legal financial norms, act as an additional source of international financial law, having no autonomy, and in combination with other sources of international law, performs the following functions: 1) regulatory-prescriptive (via opinio juris of existing traditions in interstate practice in the financial sphere transforming them into international customary law); 2) regulatory-affirming (confirming the legal nature of the international agreement between the subjects of international financial legal relations which caused a disputable situation). The judicial practice on financial issues and specificity of functioning of such judicial institutions as the Permanent Court of International Justice, the International Court of Justice, the CIS Economic Court, the Court of Justice of the European Union, the Court of Justice of the Central African Economic and Monetary Community, etc. are examined. The features of the provisions of international agreements on financial issues regarding the procedure for resolving disputes between the parties of the agreement about its implementation are analyzed. The paper explores particularities of the origin and development of the idea of the creation of an international financial court. Amid modern processes of the rapid growth of the amount of crossborder financial flows in the context of globalization, which is the consequence of the implementation of numerous international financial agreements, the idea of creation of an international financial court, which was first suggested in 1935, due to the complexity of legal nature of interstate financial disputes, is an objective necessity. The following features intrinsic to decisions of international courts (including decisions on financial issues) have been identified: 1) locality (binding only on the ...

The national resource privilege, which holds that states are allowed to control all the natural resources found in their territory, is a cornerstone of international politics. Supporters of the national resource privilege claim that without the privilege states would fail to be sovereign and self-determining entities which provide for the needs of their citizens. However, as this paper shows the case is not as simple as that. In fact, control over resources must be carefully unpacked. Doing so shows that states do not require full control over all resources found in their territory in order to be sovereign. Moreover, sovereignty and self-determination come with a set of responsibilities and duties attached. Based on these observations the paper will sketch the contours of an alternative resource governance scheme built around the idea of an International Court of the Environment.