Legitimacy and independence of international tribunals: an analysis of the European Court of Human Rights

Kanstantsin Dzehtsiarou, Donal Coffey

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Abstract

This paper explores the theoretical framework of judicial independence of international tribunals, with specific reference to the independence of the European Court of Human Rights. It then argues that independence is a key aspect of the legitimacy of an international tribunal and suggests that legal reforms designed to enhance the judicial independence of the European Court of Human Rights should focus on the two main structural parts of the Court, namely the judiciary and the Registry. This paper analyses a number of proposed reforms that can make the European Court of Human Rights more independent and credible. These insights are applicable to other international judicial fora.
Original languageEnglish
Pages (from-to)269-321
Number of pages53
JournalHastings International and Comparative Law Review
Volume37
Issue number2
Publication statusPublished - 24 Mar 2014

Keywords

  • independence
  • legitimacy
  • European Court of Human Rights
  • International Law
  • interpretation

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