Dothan on Judicial Bias
Associate Professor Shai Dothan (iCourts) has a forthcoming paper in German Law Journal. The paper is titled: The Motivations of Individual Judges and How They Act as a Group.
States have a significant influence on the selection of judges to international courts. This raises the concern that judges will be biased in favor of their home states, a concern backed by some empirical research. To counter that danger, international courts usually sit in large and diverse panels. Scholars have argued that this gives judges only rare occasions to tip the balance in favor of their home states. The problem begins, however, when judges start forming coalitions among themselves, giving judges with national biases a practical possibility to change the result of cases. To assess the magnitude of this threat to judicial independence, the paper draws on decades of scholarship in the field of judicial behavior. By understanding how judges behave, scholars can come closer to deciphering the true impact of judicial selection to international courts on international judgments.
This paper is a part of the special issue on 'The Rise and Fall of Judicial Self-Government in Europe' edited by David Kosař (Masaryk University) and forthcoming in German Law Journal, Issue 7/2018.