The independence of international courts : the adherence of the international judiciary to a fundamental value of the administration of justice

The study analyses 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 author 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 author 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). The study thus 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 notion of judicial independence : the analytical framework -- The international judiciary : defining the object of investigation -- Judicial independence in the International Court of Justice -- Judicial independence in the International Tribunal for the Law of the Sea -- Judicial independence in the International Criminal Court -- Judicial independence in the Ad Hoc International Criminal Tribunals for the Former Yugoslavia and Rwanda -- Judicial independence in the European Court of Human Right.