The independence of the international judiciary
| Author | Aida Torres Pérez |
| Published date | 01 August 2017 |
| Date | 01 August 2017 |
| DOI | http://doi.org/10.1177/1023263X17729941 |
| Subject Matter | Editorial |
Editorial
The independence of the
international judiciary:
concept, methods, and
current challenges
Aida Torres Pe
´rez*
Since the end of the Second World War, and notably following the Cold War, international courts
(ICs) have proliferated across the globe. As the number of ICs has increased, the scope of their
jurisdiction has expanded. In addition, there has been a shift from voluntary dispute settlement
bodies towards permanent courts with compulsory jurisdiction, and the impact of their decisions on
domestic policies and legislation has grown.
1
And yet, are we certain that international courts are
independent, or do they seek to advance the preferences of state governments or other constitu-
encies under the guise of law?
Recent events have highlighted the risks for judicial independence in the international sphere. In
2016, the reappointment of a member of the World Trade Organization Appellate Body (WTO
AB) that was blocked by the US for his role in a series of decisions against US interests has
deepened politicization of judicial appointments.
2
Also, the 2015 election to the Inter-American
Court of Human Rights (IACtHR) of a judge from Ecuador has been regarded as an attempt to
co-opt the court, as this judge was designated by one of the governments most hostile to the Inter-
American system, and did not renounce his position as President of the Constitutional Court of
Ecuador until one year after his nomination to the IACtHR.
3
*Law Professor at Pompeu Fabra University, Barcelona, Spain
Corresponding author:
Aida Torres Pe
´rez, Pompeu Fabra University, Barcelona, Spain.
Email: aida.torres@upf.edu
1. K.J. Alter, The New Terrain of International Law: Courts, Politics, Rights (Princeton University Press, 2014).
2. M. Elsig, M. Pollack and G. Shaffer, ‘The U.S. is causing a major controversy in the World Trade Organization.
Here’s what’s happening’, The Washington Post, J une 6, 2016, https://www.washingtonpost.com/news/monkey-
cage/wp/2016/06/06/the-u-s-is-trying-to-block-the-reappointment-of-a-wto-judge-here-are-3-things-to-know/?utm_
term¼.993591c89e4f
3. S. Ayuso, ‘Ecuador logra tener un juez en la Corte Interamericana de Derechos Humanos’, El Paı
´
s, June 17, 2015,
https://elpais.com/internacional/2015/06/17/actualidad/1434509340_643423.html; Open Society Foundations, ‘Final
Report of the Independent Panel for the Election of Inter-American Commissioners and Judges’, June 2, 2015, https://
www.opensocietyfoundations.org/sites/default/files/iachr-panel-report-eng-20150603.pdf
Maastricht Journal of European and
Comparative Law
2017, Vol. 24(4) 459–461
ªThe Author(s) 2017
Reprints and permissions:
sagepub.co.uk/journalsPermissions.nav
DOI: 10.1177/1023263X17729941
maastrichtjournal.sagepub.com
MJ
MJ
To continue reading
Request your trial