Judicial Independence and Impartiality: A Preliminary Inquiry (From International Court of Justice at a Crossroads, P 123-154, 1987, Lori Fisler Damrosch, ed. -- See NCJ-122854)

• NCJ Number: 122860
• Author(s): E B Weiss
• Date Published: 1987
• Length: 22 pages
• Sale Source: Transnational Publisher Inc
• Publication Type: Legislation/Policy Analysis
• Language: English
• Country: United States of America

Annotation

This statistical analysis of the decisions of the International Court of Justice and the voting records of the judges concludes that the record does not substantiate the charges by the United States that the Court is strongly influenced by political factors and is divided into voting blocs.

Abstract

In addition, the record does not indicate a tendency toward bias against the United States position or that of the United States judge. The analysis used information on the voting records for all the disputed cases before the Court during 1946-86. It considered whether the Court decisions were based on the merits, on preliminary objections, on interim measures, or on intervention requests. Findings showed that a large majority supported most of the decisions and that many votes were nearly unanimous. In addition, no significant regional or political voting alignments were found, in contrast to the voting in the United States Supreme Court and the United Nations General Assembly. Further research should focus on the issue of procedural fairness and should use objective criteria to examine a representative group of cases. Footnotes and attached tables and list of cases.