Between Idealism and Realism: a Few Comparative Reflections and Proposals on the Appointment Process of Members of the Inter-American Commission and Court of Human Rights (Part 1)

Available in Russian

Author: Laurence Burgorgue-Larsen

Keywords: Inter-American Court of Human Rights; Inter-American system; judicial appointment procedure; judicial selection procedure; Organization of American States; The European Court of Human Rights


The appointment procedure for judges is one of the factors that guarantee the independence of international judicial bodies. As a result of a comparative analysis of different national and international selection procedures, the author makes some remarks about how to improve the system. The disadvantages of the national appointment procedures of Council of Europe states are the following: lack of regulation, corporatism, and dependence on the executive powers. In the states of Inter-American system it is necessary to create a transparent appointment procedure with the respect to gender and ethnical diversity. The first part of the article discusses specific proposals for the composition, procedures, and powers of selection bodies. The second part analyzes the international phase of judicial selection for various international judicial entities.