Les incidents liés à la composition de la cour ou du tribunal dans le procès international

Content Provider	Semantic Scholar
Author	Savadogo, Louis
Copyright Year	2018
Abstract	The independence and impartiality of the judge or arbitrator are fundamental aspects of any adjudicative proceedings, whether at the domestic or international level. Such qualities may be affected by “particular situations” preventing a member of the court or tribunal from participating in a given case. This in turn gives rise to two types of incidental procedure: “recusal” (or disqualification) and “abstention,” both of which are domestic law mechanisms applied — not unreservedly — to international litigation. It should be added that the procedures in question do not have a single aim. Their purpose may be to ensure the impartiality of the proceeding (self-recusal or disqualification of the member of the adjudicative body) or to call into question the very possibility of conducting legal proceedings (spontaneous withdrawal of the arbitrator, or refusal to sit at the instigation of the appointing state). This article deals with these incidental procedures by examining the basic texts and the practice of international courts and tribunals.
Starting Page	113
Ending Page	179
Page Count	67
File Format	PDF HTM / HTML
DOI	10.1017/cyl.2018.13
Alternate Webpage(s)	https://www.cambridge.org/core/services/aop-cambridge-core/content/view/59D82C55D2CDBD09B7D510ED9FC5E1E6/S0069005818000139a.pdf/les_incidents_lies_a_la_composition_de_la_cour_ou_du_tribunal_dans_le_proces_international.pdf
Alternate Webpage(s)	https://doi.org/10.1017/cyl.2018.13
Volume Number	55
Language	English
Access Restriction	Open
Content Type	Text
Resource Type	Article