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Legitimacy and Independence of International Tribunals: An Analysis of the European Court of Human Rights

Dzehtsiarou, K and Coffey, DK (2014) Legitimacy and Independence of International Tribunals: An Analysis of the European Court of Human Rights Hastings International and Comparative Law Review, 37 (2). pp. 271-322.

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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.

Item Type: Article
Authors :
AuthorsEmailORCID
Dzehtsiarou, KUNSPECIFIEDUNSPECIFIED
Coffey, DKUNSPECIFIEDUNSPECIFIED
Date : 1 June 2014
Depositing User : Symplectic Elements
Date Deposited : 28 Mar 2017 13:11
Last Modified : 28 Mar 2017 13:11
URI: http://epubs.surrey.ac.uk/id/eprint/806065

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