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Introduction to the Symposium: A Focus on Ethics in International Courts and Tribunals

  • Jeffrey L. Dunoff (a1) and Chiara Giorgetti (a2)
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This is an Open Access article, distributed under the terms of the Creative Commons Attribution licence (http://creativecommons.org/licenses/by/4.0/), which permits unrestricted re-use, distribution, and reproduction in any medium, provided the original work is properly cited.

References

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1 See generally Arman Sarvarian & Rudy Baker, Arbitration Between Croatia and Slovenia: Leaks, Wiretaps, Scandal, EJIL:Talk! (July 28, 2015).

2 Arbitration Between the Republic of Croatia and the Republic of Slovenia, PCA Case No. 2012-04, Partial Award (June 30, 2016).

3 Arbitration Between the Republic of Croatia and the Republic of Slovenia, PCA Case No. 2012-04, Final Award (June 29, 2017); Nikolaj Nielsen, Croatia Ignores Ruling on Slovenia Border Dispute, EUObserver (June 30, 2017).

4 See generally Peter Tzeng, Self-Appointment in International Arbitration, EJIL:Talk! (June 7, 2017). For the order showing the appointment by the International Tribunal for the Law of the Sea President of himself as president of the arbitral tribunal, see The Enrica Lexie Incident, (It. v. India), PCA Case 2015-28, Order on Preliminary Measures (Apr. 29, 2016). For the case in which the International Tribunal for the Law of the Sea's Vice-President appointed himself as arbitrator, see Ministry of Foreign Affairs of Ukraine, The Hearing of the Case Ukraine v. Russian Federation Under UNCLOS Will Start at the Beginning of 2017 (Dec. 23, 2016).

5 Cosmo Sanderson, Malintoppi Resigns After Challenge over Husband's Counsel Work, Global Arb. Rev. (Feb. 6, 2019).

6 We discuss whether a common code, at least for litigations involving a state as a party, is feasible and desirable in Chiara Giorgetti & Jeffrey L. Dunoff, Ex Pluribus Unum? On the Form and Shape of a Common Code of Ethics in International Litigation, 113 AJIL Unbound 312 (2019).

7 See generally Chiara Giorgetti, The Challenge and Recusal of Judges of the International Court of Justice, in Challenges and Recusals of Judges and Arbitrators in International Courts and Tribunals 3 (Chiara Giorgetti ed., 2015); Christine Parajon Skinner, Ethical Dilemmas in Inter-State Disputes, 88 Ala. L. Rev. 281 (2016).

9 ICJ, Rules of the Court art. 4 (1978).

11 Id. art. 16.

13 The European Court of Human Rights adopted in 2008 a Resolution on Judicial Ethics consisting of ten general principles guiding members of the Court. See generally Arman Sarvarian, Common Ethical Standards for Counsel Before the European Court of Justice and European Court of Human Rights, 23 EJIL 991 (2012).

14 See, e.g., Regulations and Policies, UN International Residual Mechanism for Criminal Tribunals (collecting codes and directives); Core ICC Texts, Int'l Crim. Ct. (collecting Code of Judicial Ethics, Code of Professional Conduct for Counsel, Regulations of the Office of the Prosecutor, and Regulations of the Registry).

15 Elena Cima & Makane Mbengue, Ethical Conduct in International Criminal Courts: Whose Ethics?, 113 AJIL Unbound 296 (2019).

16 Hélène Ruiz Fabri, Conflicts of Interests: Navigating in the Fog, 113 AJIL Unbound 307 (2019).

17 See, e.g., Phillipe Sands, Conflict and Conflicts in Investment Treaty Arbitration: Ethical Standards for Counsel, in Contemporary Issues in International Arbitration and Mediation: The Fordham Papers 28–49 (Arthur Rovine ed., 2012).

18 John R. Crook, Dual Hats and Arbitrator Diversity: Goals in Tension, 113 AJIL Unbound 284 (2019).

19 Giorgetti & Dunoff, supra note 6.

20 See, e.g., Stephanie Cartier & Christina Hoss, The Role of Registries and Legal Secretariats in International Judicial Institutions, in The Oxford Handbook of International Adjudication 711 (Cesare Romano et al. eds., 2014).

22 Judith Levine, Ethical Dimensions of Arbitrators Resignations, 113 AJIL Unbound 290 (2019).

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