Author: Torres Pérez, Aida

Abstract: This article’s goal is to develop an analytical framework for the conceptualization of international judicial independence. First, it will be argued that judicial independence shouldn’t be conceived as an end in itself but rather as a condition for the legitimacy of international courts (ICs). Likewise, independence’s concept isn’t monolithic, but the optimal degree of independence may be different according ICs function and type. Second, a taxonomy of judicial independence in the international sphere will be provided, and most of the relevant actors and variables will be identified and systematized. While studies about international judicial independence tend to focus on the mechanisms available to state governments, this work will take into account a broader set of actors and variables. Finally, I will offer a notion of interdependence in order to establish itself as framework for institutional design that jointly considers: the need to enable judicial adjudication free from undue influence or pressure and the articulation of mechanisms to counteract or balance judicial powers functions. The forms of interdependence based on responsibility and supervision principles, “check and balances” might contribute to the overall ICs legitimacy.

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