In nobody's name: a checks and balances approach to international judicial independence
In nobody's name: a checks and balances approach to international judicial independence
Author: Torres Pérez, Aida
Abstract: This piece examines the democratic legitimacy of international courts (ICs), a controversial matter due to International Law’s limits and structure. For this reason, the author suggests a model of legitimacy in which the ICs, instead of speaking on behalf of all political communities and citizens, would not speak on behalf of anyone. On the contrary, she focuses her attention on presenting judicial independence as a necessary condition, but not sufficient, for the exercise of their power. The first section will therefore reflect upon the differences between domestic and international courts in framing a notion of judicial independence adequate for the international sphere. The second section will flesh out the notion of judicial interdependence. This section will map the actors that might provide appropriate constraints following a checks and balance approach to the institutional design of ICs.