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Home Posts tagged "Election to International Bodies"

Election of Judges to the International Tribunal for the Law of the Sea

Published on June 17, 2017        Author: 

2017 will be a busy year for elections to international tribunals. There will be elections later this year to elect five Judges of the International Court of Justice and six judges of the International Criminal Court (see here). Earlier this week, the States Parties to the United Nations Convention of the Sea elected seven Judges to the International Tribunal for the Law of the Sea (ITLOS). ITLOS is composed of 21 judges and elections for seven judges are held every three years. As with the ICJ and the ICC, ITLOS judges serve for a term of 9 years and may be re-elected [Art. 5(1)ITLOS Statute]. The purpose of this post is to simply to report the results of the 2017 ITLOS election and to make a few observations about possible trends in elections to international tribunals.

The States Parties re-elected two judges currently on the ITLOS bench: Judge Boualem Bouguetaia (Algeria) and Judge José Luís Jesus (Cabo Verde). The five new judges taking up their seats on the 1st of October 2017 will be: Mr Oscar Cabello Sarubbi (Paraguay), Ms Neeru Chadha (India), Mr Kriangsak Kittichaisaree (Thailand), Mr Roman Kolodkin (Russian Federation), and Ms Liesbeth Lijnzaad (The Netherlands).  The full list of candidates for the elections can be found here. Judges are elected where they obtain the largest number of votes and a two-thirds majority of the States Parties present and voting, provided that such majority includes a majority of the States Parties [Art. 4(4), ITLOS Statute]

An interesting development in the current ITLOS election is the failure of two serving judges: Judges Joseph Akl (Lebanon) and Rudiger Wolfrum (Germany) to be re-elected.  The qualifications and experience of these judges are beyond doubt. However, both have been on ITLOS since its formation in 1996 and there might be a feeling that 21 years is long enough for anyone. I have heard it said at the UN there is a feeling among states that though there are no formal term limits for judicial positions, treaty bodies and the like, it is not healthy for individuals to be there for too long. It was a surprise to some (myself included) when the late Sir Nigel Rodley was not re-elected to the Human Rights Committee last year and perhaps the long period of service on the Committee was a factor. This is an issue that states should take into account in nominating candidates.

Two of the seven judges elected are women (Neeru Chadha and Ms Liesbeth Lijnzaad, who both recently represented their states in the Enrica Lexicie and Artic Sunrise proceedings before ITLOS.). Read the rest of this entry…

 

Outcome of 2016 Elections to the International Law Commission + Trivia Questions

Published on November 5, 2016        Author: 

On Thursday the United Nations General Assembly (GA) elected the individuals who will serve in the International Law Commission (ILC) for the five year term beginning in 2017. The Commission, which is a subsidiary organ of the GA, has a mandate to assist in the codification and progressive development of international law. It is composed of 34 members who serve in their individual capacities.  The outcome of the elections held on Thursday can be viewed here. A number of excellent academic international lawyers were elected to the Commission for the first time, most notably August Reinisch (Austria), Charles Jalloh (Sierra Leone) and Claudio Grossman (Chile) who all have impressive academic credentials as well significant practical experience of international law.  The Commission will benefit from their addition. However, as is often the case with UN elections, there are some surprises in the result, with some excellent academic international lawyers also failing to be elected to the Commission, particularly Mathias Forteau (France), Chester Brown (Australia) , Tiya Maluwa (Malawi), and Marcelo Kohen (Argentina) – all of whom also have impressive academic credentials and significant practical experience of international law.

There is a very marginal improvement in the position of women on the ILC. There will be three four women on the ILC, with Patrica Galvão Teles (Portugal), Marja Lehto (Finland), and Nilüfer Oral (Turkey)  joining Concepción Escobar Hernández (Spain) who was re-elected. It is very worrying that in the history of the Commission, only 6 7 women have been members and this is the first time that 3 more than 2 women will be serving together. Still, even on the new Commission,  fewer only slightly more than 10% of its members will be women. (Update: corrections in italics because of the comments below)

One other remarkable feature of the elections just concluded was that two of those nominated for the ILC in this round were previously judges on international tribunals. Read the rest of this entry…