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This chapter introduces a cutting-edge study on the composition of the bodies under analysis to assess how this may influence their adjudication. An empirical quantitative study on the judges’ and commissioners’ background is combined with an analysis of their ‘judicial behaviour’ through their separate opinions. This demonstrates that judicial convergence could be partly due to the personal identity and background of those individuals called to interpret the law and adjudicate the cases. In particular, this chapter shows signs of a possible ‘Europeanisation’ of the African and Inter-American judges, which could encourage the African and Inter-American Court to converge with the European case-law. The chapter also discusses the role played by the secretariats in influencing the adjudication of human rights regional and international bodies. Drawing on interviews with members of the registries of the three regional courts, it concluded that specific agendas, priorities and internal organisations may encourage judicial convergence.
This chapter starts to analyse the institutional frameworks of different international courts and tribunals in comparative perspective. More importantly, it introduces the invisible army of legal bureaucrats (clerks, registry and secretariat officials, and arbitral secretaries) who assist international adjudicators in their daily duties. The story focuses on their backgrounds, their modes of recruitment and promotion, their relationship with the judges and arbitrators they are called to serve, and the ambiguities inherent in that relationship. From here onwards, the role of bureaucrats in the judicial process will come into sharper relief. Their duties typically include: summarizing the parties’ arguments for the benefit of the adjudicators, conducting legal and factual research on the disputed issues, circulating internal memoranda that suggest options on how to solve the case, assisting in the preparation of oral questions for hearings, attending deliberations, and drafting the final judgments or awards.
This book offers a unique insight into the inner workings of international courts and tribunals. Combining the rigour of the essay and the creativity of the novel, Tommaso Soave narrates the invisible practices and interactions that make up the dispute settlement process, from the filing of the initial complaint to the issuance of the final decision. At each step, the book unravels the myriad activities of the legal experts running the international judiciary – judges, arbitrators, agents, counsel, advisors, bureaucrats, and specialized academics – and reveals their pervasive power in the process. The cooperation and competition among these inner circles of professionals lie at the heart of international judicial decisions. By shedding light on these social dynamics, Soave takes the reader on a journey through the lives, ambitions, and preoccupations of the everyday makers of international law.
A growing literature recognizes treaty secretariats and other international bureaucracies as distinctive actors in global environmental governance. These actors exhibit varying degrees of autonomy, authority and influence on environmental governance processes and outcomes. This chapter reviews recent scholarship on international bureaucracies and highlights the distinct ways in which they exert influence beyond their narrow functional mandates. More specifically, this chapter highlights how international bureaucracies influence governance processes by deriving authority from structural characteristics of the international system, exerting influence from their ability to deliver specific administrative and governance functions and leveraging their organizational autonomy. The chapter outlines empirical and conceptual gaps in our understanding of how international bureaucracies function in global environmental governance, and argues that the dynamics of change in world politics may open new pathways of influence for these actors moving forward.
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