Assessing the Contribution of the International Judiciary to the Rule of Law: Elements of a Roadmap

Abstract

This paper develops an analytical framework to assess the contribution of international and supranational courts and tribunals to the rule of law at international, regional, and domestic levels. After a brief historical overview of the rise of international adjudication, it clarifies the distinction between supranational and international bodies and explores possible interpretations of the concept of the rule of law. Subsequently, the paper places the international judiciary in its political context and analyses the institutional safeguards of the courts’ independence and impartiality. Finally, the authors provide a preliminary comparative analysis of the many ways in which international courts may arguably strengthen the rule of law and concludes by taking a closer look at the remaining challenges that the international judiciary faces today.

Keywords: Appellate Body of the World Trade Organization, Court of Justice of the European Union, European Court of Human Rights, Independence and Impartiality, International Court of Justice, International Criminal Court, International Criminal Tribunal for the Former Yugoslavia, International Tribunal