International Law and Litigation - 2 - Fore- and Background of an International Judicial Decision

Value of the Information & Strength of the Argument

The value of the information is high, as it provides firsthand perspectives from leading international judges and scholars on the often opaque process of international judicial decision-making. The speakers offer concrete examples from their own courts, such as ITLOS’s approach to customary international law and the ICTY’s challenges with merging common and civil law procedures. The argumentation is solid, grounded in professional experience and specific cases, though it is largely anecdotal and opinion-based rather than systematic empirical analysis. The panel does not present a unified thesis but rather a rich exchange of views, which is appropriate for a conference panel.

Scientific Rigor, Source Quality, Title Accuracy

The scientific rigor is high given the expertise of the speakers, but the format is a discussion, not a formal academic paper. Sources are not explicitly cited, but the speakers reference their own judgments and institutional practices, which are authoritative. The title accurately reflects the content, focusing on the background and context of judicial decisions. The panel does not delve into technical legal doctrine but rather the sociological and procedural aspects, which is appropriate for the theme. The discussion is well-structured and stays on topic.

The title accurately reflects the panel's focus on the factors surrounding international judicial decisions, including the composition of benches and the decision-making process.

8/10

Panel of renowned international judges and scholars, providing expert insights based on extensive professional experience. High credibility, though opinions are subjective and not peer-reviewed.

Markers derived by PSI from the transcript: the creator did not define chapters.

• 02:00Introduction by Prof. Andrea Gattini outlining the three main themes: who are the judges, what do they think they are, and what do others think they are.
• 10:00Prof. Rüdiger Wolfrum discusses the composition of ITLOS, highlighting the diversity of judges' backgrounds and the influence of participation in the Law of the Sea Conference.
• 20:00Judge Fausto Pocar shares insights on the challenges of international criminal courts, emphasizing the need for judges proficient in multiple legal systems.
• 30:00Prof. Laurence Boisson de Chazournes reflects on the changing profiles of judges in various international tribunals, including the rise of litigators from law firms in arbitration.
• 40:00Prof. Robert Howse contrasts the two cultures of adjudication in the WTO: the amateur, diplomatic panels versus the professional Appellate Body.
• 50:00Discussion on the role of procedure in shaping judicial decisions, with references to the margin of appreciation and judicial activism.
• 1:00:00Panelists debate the distinction between adjudication and arbitration, and the self-perception of international judges.
• 1:10:00Consideration of external perceptions of international judges, including the role of clerks and other actors in the decision-making process.
• 1:20:00Q&A session begins, with audience questions on the selection of judges and the potential for including scientific experts on benches.
• 1:30:00Concluding remarks by Prof. Gattini, summarizing the key insights and thanking the speakers.

• Max Planck Institute Luxembourg - International Law and Litigation Conference — Official conference page providing details about the event and its panels.

• Max Planck Institute Luxembourg - International Law and Litigation Conference — The conference page confirms the event's structure and the participation of the speakers.