An Empirical Study of the Voting Pattern of Judges of the International Court of Justice (2005-2016)

Xuechan Ma · Shuai Guo

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Judicial and Constitutional Studies International Law and Human Rights International Arbitration and Investment Law

Abstract

An Empirical Study of the Voting Pattern of Judges of the International Court of Justice (2005-2016) The Statute of the International Court of Justice stipulates that judges shall exercise their powers impartially. We question the practicability of this statement and examine whether the voting pattern of the judges are biased. In this light, empirical research is conducted on cases adjudicated from 2005 to 2016. We find strong evidence that (1) judges favour their home States or appointing States; and (2) judges favour States that speak same majority language with their home States.

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