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The independence of the inter-American judge

Oswaldo-Rafael Ruiz-Chiriboga UGent (2012) THE LAW AND PRACTICE OF INTERNATIONAL COURTS AND TRIBUNALS. 11(1). p.111-135
abstract
This article describes and analyzes several safeguards of the independence of the Inter-American judge. It concludes that the system enshrined in the American Convention on Human Rights, the Statute of the Inter-American Court of Human Rights and the Court’s practice are not enough to guarantee the appearance of independence of the Court’s judges. The major problem is the process of nomination and election of judges. At both national and international levels the process is not clear, transparent, or accountable. Women and ethnic and cultural groups are underrepresented. Judges’ terms of office and the re-election possibilities should be revised. Lastly, some guidelines should be adopted in order to regulate judges’ outside activities, incompatibilities, and disqualifications. All these issues should by addressed by the Organization of American States, States Parties to the Convention, and the Court itself, and this article gives some recommendations in this respect.
Please use this url to cite or link to this publication:
author
organization
year
type
journalArticle (original)
publication status
published
subject
keyword
independence of international judges, Inter-American Court of Human Rights, international judges election, outside activities, international judges nomination
journal title
THE LAW AND PRACTICE OF INTERNATIONAL COURTS AND TRIBUNALS
volume
11
issue
1
pages
111 - 135
ISSN
1569-1853
DOI
10.1163/157180312X619051
language
English
UGent publication?
yes
classification
A2
copyright statement
I have transferred the copyright for this publication to the publisher
VABB id
c:vabb:335826
VABB type
VABB-1
id
2083302
handle
http://hdl.handle.net/1854/LU-2083302
date created
2012-04-11 10:53:10
date last changed
2015-06-17 10:00:43
@article{2083302,
  abstract     = {This article describes and analyzes several safeguards of the independence of the Inter-American judge. It concludes that the system enshrined in the American Convention on Human Rights, the Statute of the Inter-American Court of Human Rights and the Court{\textquoteright}s practice are not enough to guarantee the appearance of independence of the Court{\textquoteright}s judges. The major problem is the process of nomination and election of judges. At both national and international levels the process is not clear, transparent, or accountable. Women and ethnic and cultural groups are underrepresented. Judges{\textquoteright} terms of office and the re-election possibilities should be revised. Lastly, some guidelines should be adopted in order to regulate judges{\textquoteright} outside activities, incompatibilities, and disqualifications. All these issues should by addressed by the Organization of American States, States Parties to the Convention, and the Court itself, and this article gives some recommendations in this respect.},
  author       = {Ruiz-Chiriboga, Oswaldo-Rafael},
  issn         = {1569-1853},
  journal      = {THE LAW AND PRACTICE OF INTERNATIONAL COURTS AND TRIBUNALS},
  keyword      = {independence of international judges,Inter-American Court of Human Rights,international judges election,outside activities,international judges nomination},
  language     = {eng},
  number       = {1},
  pages        = {111--135},
  title        = {The independence of the inter-American judge},
  url          = {http://dx.doi.org/10.1163/157180312X619051},
  volume       = {11},
  year         = {2012},
}

Chicago
Ruiz-Chiriboga, Oswaldo-Rafael. 2012. “The Independence of the inter-American Judge.” The Law and Practice of International Courts and Tribunals 11 (1): 111–135.
APA
Ruiz-Chiriboga, O.-R. (2012). The independence of the inter-American judge. THE LAW AND PRACTICE OF INTERNATIONAL COURTS AND TRIBUNALS, 11(1), 111–135.
Vancouver
1.
Ruiz-Chiriboga O-R. The independence of the inter-American judge. THE LAW AND PRACTICE OF INTERNATIONAL COURTS AND TRIBUNALS. 2012;11(1):111–35.
MLA
Ruiz-Chiriboga, Oswaldo-Rafael. “The Independence of the inter-American Judge.” THE LAW AND PRACTICE OF INTERNATIONAL COURTS AND TRIBUNALS 11.1 (2012): 111–135. Print.