Judicial Education and International Courts: A Proposal Whose Time Has Come?

30 Pages Posted: 22 Feb 2018

See all articles by S.I. Strong

S.I. Strong

Emory University School of Law

Date Written: February 21, 2018

Abstract

Any court that wishes to be considered legitimate must feature an impartial, independent, and above all competent judiciary. Conventional wisdom suggests that the best way to ensure judicial competence is through superior selection processes. However, recent research indicates that no selection method can ensure the long-term fitness of the judiciary. Indeed, a number of experts in judicial studies have argued that “most judges are ill-prepared for the challenges, personal and professional, of a judicial career, and many of them turn out to be ill-suited for the job,” despite having survived rigorous selection procedures. In other fields, the solution would be easy: members of the particular field or profession would need to undertake continuing education to ensure they were properly equipped for the challenges of the job at hand. However, this option has seldom been considered in the judicial context due to concerns about judicial independence, even though specialists in judicial education have long recognized that education can improve the quality of judicial performance. The situation is further exacerbated by the fact that many judges consider mandatory continuing education requirements extremely insulting. Despite these concerns, judicial education has made numerous advances in the last few years. Judicial research institutes in numerous countries and regions have quietly revolutionized the form and content of judicial education. However, these developments appear to be largely limited to national judiciaries. This chapter takes the first look at judicial education involving international judges. The analysis considers the various practical and theoretical problems associated with international judicial education and offers a number of suggestions regarding further academic inquiries and reform initiatives. In particular, the discussion considers whether self-regulation in this particular field is appropriate and whether any alternatives exist. In so doing, this chapter seeks to increase the real and perceived legitimacy of international adjudication.

Keywords: judicial studies, judicial education, international law, international courts, courts, judicial independence, judicial selection, judicial competence, judicial performance, judges, self-regulation, judicial research institutions

Suggested Citation

Strong, S.I., Judicial Education and International Courts: A Proposal Whose Time Has Come? (February 21, 2018). University of Missouri School of Law Legal Studies Research Paper No. 2018-13, Available at SSRN: https://ssrn.com/abstract=3127661

S.I. Strong (Contact Author)

Emory University School of Law ( email )

1301 Clifton Road
Atlanta, GA 30322
United States

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