The Legitimacy of the International Court of Justice: The World of International Judges with special reference to Latin America

Resumo

Nowadays there is an increasing number of international courts and tribunals, therefore it becomes relevant to study the challenges international judges face with during their work. One of the most important courts at universal level is the International Court of Justice (ICJ) with a well-known historical role in the peaceful settlement of disputes. Judges of the ICJ generally work under political pressure, though the Court has always been declared to be free from any political bias. This paper attempts to examine impartiality and independence of ICJ judges concerning the nomination, selection process and whether we can observe some regional particularism in the procedure of decision-making and voting and if national politics influences the decision-making. However, there is another direction: how international law infiltrates into domestic law and how ICJ decisions affect the region. The paper pays special attention to  Latin American judges, as the region has always actively participated in the work of the ICJ and it is also affected by many of its decisions and through these, Latin America has a historical role in the development of international law. At the same time the paper also attempts to highlight the unique socio-legal nature of public international law since international law is the context where this topic is placed. It is inseparable from the subject matter as, without taking it into consideration, it can lead us to false conclusions.