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NCJ Number: 122860 Find in a Library
Title: 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)
Author(s): E B Weiss
Date Published: 1987
Page Count: 22
Sponsoring Agency: Transnational Publisher Inc
Ardsley, NY 10502
Sale Source: Transnational Publisher Inc
410 Saw Mill River Road
Ardsley, NY 10502
United States of America
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.
Main Term(s): Political influences
Index Term(s): Discrimination; International dispute settlement; Jurisprudence
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