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Hart Publishing UK
The Independence of International Courts: The Adherence of the International Judiciary to a Fundamental Value of the Administration of Justice
The Independence of International Courts: The Adherence of the International Judiciary to a Fundamental Value of the Administration of Justice
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This study analyzes the contents and scope of the principle of judicial independence as currently applied in the international judiciary. In light of the increasing role played by courts in the international system, the book initially examines the theoretical foundation for the principle's application and develops a working definition of judicial independence in an international law context. On the basis of a comprehensive evaluation of sources pertaining to some of today's most influential international courts, the book then draws conclusions on a general consensus of normative requirements for judicial independence and is able to point to requirements applicable only to specific jurisdictions (e.g. human rights courts). It not only fills a gap in the scholarly evaluation of the organizational setup of the current international judiciary, but also functions as a valuable guide for potential future permanent judicial bodies. The book will be an interesting read for scholars of public international law and constitutional law. [Subject: Public International Law, Constitutional Law, Administrative Law, Comparative Law]
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