Between idealism and realism: a few comparative reflections on and proposals for the appointment process of members of the Inter-American Commission and Inter-American Court of Human Rights (Part 2)

The appointment procedure for judges is one of the factors that guarantee the independence of international judicial bodies. The author makes some remarks about how to improve the system from a comparative analysis of different procedures in other international judicial bodies such as the European Court of Human Rights and European Court of Justice. He analyzes the differences in Inter-American procedures and the European use of expert commissions for selecting judges. It is necessary to create a transparent appointment procedure with respect to gender and ethnic diversity in the states of the Inter-American system, to improve the paper-based procedure, and to make recommen- dations mandatory. 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.