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The International Court of Justice and the Judicial Function$
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Gleider I Hernández

Print publication date: 2014

Print ISBN-13: 9780199646630

Published to Oxford Scholarship Online: August 2014

DOI: 10.1093/acprof:oso/9780199646630.001.0001

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Impartiality and the Role of the International Judge

Impartiality and the Role of the International Judge

Chapter:
(p.126) V Impartiality and the Role of the International Judge
Source:
The International Court of Justice and the Judicial Function
Author(s):

Gleider I Hernández

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199646630.003.0005

This Chapter reviews critically the duty of impartiality which seems immanent in the role of a judge. Excluding primarily biographical or purely political approaches to impartiality, the central argument here is that the Court's judges are constrained both institutionally and in the manner in which they find themselves elected to the Court. The Chapter argues that the intellectual and professional similarities of the judges in fact embody a homogeneity of views rather than the putative diversity that widespread geographical representation ought to represent. Next, the Chapter considers the institution of judge ad hoc, nominated by parties to a dispute, with a view to consider how the inclusion of such judges in the deliberative process reflects both the aspirations towards impartiality of the institution as a whole, and a requirement to satisfy the concerns of States that their arguments be understood.

Keywords:   Impartiality, constraints on judicial decision, collegiality, judicial bias, nomination of judges by States, judge ad hoc, audi alteram partem, State sovereignty

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