Is the International Court of Justice Biased
@article{Posner2005IsTI, title={Is the International Court of Justice Biased}, author={Eric A. Posner and Miguel Figueiredo}, journal={The Journal of Legal Studies}, year={2005}, volume={34}, pages={599-630} }
The International Court of Justice (ICJ) has jurisdiction over disputes between nations and has decided dozens of cases since it began operations in 1946. Its defenders argue that the ICJ decides cases impartially. Its critics argue that the members of the ICJ vote the interests of the states that appoint them. Prior empirical scholarship is ambiguous. We test the charge of bias using statistical methods. We find strong evidence that (1) judges favor the states that appoint them and that (2…
182 Citations
The Impartiality of International Judges: Evidence from the European Court of Human Rights
- Political Science, LawAmerican Political Science Review
- 2008
Can international judges be relied upon to resolve disputes impartially? If not, what are the sources of their biases? Answers to these questions are critically important for the functioning of an…
The International Court of Justice and theWorld's Three Legal Systems
- Law
- 2007
This paper seeks to understand why some countries accept the jurisdiction of the International Court of Justice (ICJ) more readily than others. The theory focuses on institutional differences between…
Two Courts Two Roads: Domestic Rule of Law and Legitimacy of International Courts
- Law
- 2013
The International Court of Justice (ICJ) and the International Criminal Court (ICC) constitute two prominent international courts. However, there exists considerable variation in states' support for…
The International Court of Justice and the World's Three Legal Systems
- LawThe Journal of Politics
- 2007
This paper seeks to understand why some countries accept the jurisdiction of the International Court of Justice (ICJ) more readily than others. The theory focuses on institutional differences between…
The Judicial Trilemma
- LawAmerican Journal of International Law
- 2017
Abstract International tribunals confront a “Judicial Trilemma.” More specifically the states that design, and the judges that serve on, international courts face an interlocking series of tradeoffs…
The Politics of International Judicial Appointments: Evidence from the European Court of Human Rights
- HistoryInternational Organization
- 2007
Theories of government–international court relations assume that judges share an interest in expanding the reach of their court. Yet, casual observation suggests that international judges vary in…
The Job Market for Justice: Screening and Selecting Candidates for the International Court of Justice
- Political ScienceLeiden Journal of International Law
- 2017
Abstract Over the past few decades, states have granted greater independence and authority to international courts, yet still retain their ability to control who sits on the bench. This article…
The Politics of Constitutional Review: Evidence from the European Court of Justice
- Law, Political Science
- 2010
OF THE DISSERTATION e Politics of Constitutional Review: Evidence from the European Court of Justice by Michael Malecki Doctor of Philosophy in Political Science Washington University in St. Louis,…
The Role of Precedent at the European Court of Human Rights: A Network Analysis of Case Citations
- Law
- 2010
While political scientists have become increasingly interested in the output of international courts, they have paid little attention to the manner by which these courts justify their decisions and…
The Motivations of Individual Judges and How They Act as a Group
- LawGerman Law Journal
- 2018
Abstract States have a significant influence on the selection of judges to international courts. This raises the concern that judges will be biased in favor of their home states, a concern backed by…
References
SHOWING 1-10 OF 270 REFERENCES
Is the International Court of Justice Biased?
- Law, EconomicsThe Journal of Legal Studies
- 2005
The International Court of Justice (ICJ) has jurisdiction over disputes between nations and has decided dozens of cases since it began operations in 1946. Its defenders argue that the ICJ decides…
The Role of Politics in the Election and the Work of Judges of the International Court of Justice
- Political ScienceProceedings of the ASIL Annual Meeting
- 2003
Almost twenty years have passed since I served as the Agent of the United States in the Nicaragua Case before the International Court of Justice (ICJ or World Court). I have remained silent about the…
A Theory of International Adjudication
- Law
- 2004
Some international tribunals, such as the Iran-U.S. claims tribunal and the trade dispute panels set up under GATT, are "dependent" in the sense that the judges are appointed by the state parties for…
The Decline of the International Court of Justice
- Law, Economics
- 2004
The International Court of Justice is the judicial organ of the United Nations and the preeminent international court, but its caseload is light and has declined over the long term relative to the…
Who Are the “Masters of the Treaty”?: European Governments and the European Court of Justice
- Law, Political Science
- 1998
To what extent can the European Court of Justice, an international court, make decisions that go against the interests of European Union member states? Neofunctionalist accounts imply that because…
The Legitimacy of the Court of Justice in the European Union: Models of Institutional Support
- LawAmerican Political Science Review
- 1995
Using a survey of mass publics, we investigate the political legitimacy of the Court of Justice of the European Communities. To what degree does the Court have the visibility and diffuse support…
What Do Judges and Justices Maximize? (The Same Thing Everybody Else Does)
- EconomicsSupreme Court Economic Review
- 1993
This article presents a positive economic theory of the behavior of appellate judges and Justices. The essay argues that the effort to insulate judges from significant economic incentives, through…
The choices justices make
- Law
- 1997
"The Choices Justices Make" is a groundbreaking work that offers a strategic account of Supreme Court decision making. Justices realize that their ability to achieve their policy and other goals…
Judicial Influence: A Citation Analysis of Federal Courts of Appeals Judges
- LawThe Journal of Legal Studies
- 1998
This article uses citations to the published opinions of judges on the federal courts of appeals who had 6 or more years tenure at the end of 1995 to estimate empirically the influence of individual…
Adjudicating in Anarchy: An Expressive Theory of International Dispute Resolution
- Law
- 2004
Frequent compliance with the adjudicative decisions of international institutions, such as the International Court of Justice, is puzzling because these institutions do not have the power domestic…