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Description
Governance of International Courts and Tribunals presents the first systematic examination of the institutions, practices, and norms that constitute international judicial governance—the oversight exercised by states and international organisations over international courts and tribunals to ensure their independent, accountable, and effective functioning. Departing from the traditional focus on courts' mandates, jurisprudence, and procedures, the book turns attention to international judicial governance institutions (what the book terms 'injugovins')—the political and executive bodies, such as organs of international organisations or dedicated governance bodies, responsible for overseeing courts. It explores their practices and the normative frameworks that guide them. Injugovins are revealed as crucial yet long-overlooked actors in the international adjudicative landscape. Their performance shapes the entire life cycle of courts—from the adoption of constituent instruments to budgeting, appointments, accountability mechanisms, institutional reform, enforcement, and closure. Many of the challenges faced by courts, including legitimacy crises, limited effectiveness, and political backlash, often stem from, or are worsened by, governance shortcomings. Addressing a long-standing gap in the literature, the volume develops a shared vocabulary and conceptual framework for understanding international judicial governance as a distinct domain of international institutional law and practice. Comprising 24 contributions, it combines conceptual analysis, regime-specific studies, and cross-cutting functional perspectives. It maps historical and contemporary governance models—including those of the PCIJ, ICJ, CJEU, ICC, and African regional courts—and examines key functions such as judicial elections, financial oversight, and enforcement. With empirical depth and analytical clarity, this volume lays the foundations for future research on the legitimacy, oversight, and effectiveness of international courts.
Table of Contents
- PART I - DEMARCATING AND MAPPING JUDICIAL GOVERNANCE
- 1: Sergey Vasiliev and Niels Blokker: Introduction
- 2: Sergey Vasiliev: What is (International) Judicial Governance?
- 3: Niels Blokker: International Judicial Governance Institutions: Topography, Typology, and Guiding Principles
- PART II - HISTORICAL ANTECEDENTS
- 4: Henri de Waele: Managing the Realization of 'The Hope of Ages': Governance of the Permanent Court of International Justice
- 5: Sergey Vasiliev: Governance of the International Military Tribunals at Nuremberg and Tokyo
- PART III - MODERN REGIMES
- 6: Serena Forlati: Governance of the International Court of Justice
- 7: John Eudes Ruhangisa: Governance of Regional Integration Courts— EACJ and SADC Tribunal: Perspectives from Africa
- 8: Misha Ariana Plagis and Karin Pluberg: Paper Lions: The Governance of Africa's (Quasi-)Judicial Human Rights Institutions
- 9: Heikki Kanninen: Governance of the Court of Justice of the European Union
- 10: Huw Llewellyn: Governance of the United Nations Criminal Tribunals
- 11: Evelyn Anoya: Governance of the Special Tribunal for Lebanon: An Administrative Perspective
- PART IV - JUDICIAL GOVERNANCE FUNCTIONS
- 12: Andrzej Drzemczewski: The Election of Judges onto the European Court of Human Rights
- 13: Christiaan Timmermans: The Procedure for Nominating Members of the EU Courts: The Role of the 255 Panel
- 14: Adriana-Maria Manolescu: Financial Governance of International Courts and Tribunals
- 15: Dorine Nauleau: The Enforcement of International Judicial Decisions
- 16: Hanneke Palm and Roeland Böcker: Implementation of Judgments of the European Court of Human Rights: The Supervisory Role of the Committee of Ministers
- PART V - CRISES AND SOLUTIONS
- 17: Peter van den Bossche: The Demise of the WTO Appellate Body: Lessons for the Governance of International Adjudication?
- 18: Silvia Fernández de Gurmendi: Challenges to the Governance of the International Criminal Court
- 19: Christian M. De Vos, Mariana Pena, and Yassir Khudayri: Electing the Best? Process and Politics of Nomination and Election of International Judges
- 20: Zsuzsanna Deen-Racsmány: Deficient Protection of the Independence of International Judges by International Judicial Governance Institutions: The Case of Judge Akay
- PART VI - FUTURE OUTLOOK
- 21: Nicolas Guillou and Adriana-Maria Manolescu: The Three-Layered Governance Model: The Truce between Independence and Accountability
- 22: Niels Blokker and Sergey Vasiliev: Conclusion
- PART VII - KEYNOTE ADDRESSES
- Addendum 1: Governance of the International Court of Justice
- Addendum 2: Governance of the International Criminal Court
