国际法院是否存在偏见?

Is the International Court of Justice Biased?

Journal of Legal Studies · 2005
被引 213
ABS 3

中文导读

用统计方法检验国际法院法官是否偏袒任命国或与本国财富、政治、文化相似的国家,发现前两种偏见的强证据。

Abstract

The International Court of Justice (ICJ) has jurisdiction over disputes between nations and has decided dozens of cases since it began operations in 1946. Its defenders argue that the ICJ decides cases impartially. Its critics argue that the members of the ICJ vote the interests of the states that appoint them. Prior empirical scholarship is ambiguous. We test the charge of bias using statistical methods. We find strong evidence that (1) judges favor the states that appoint them and that (2) judges favor states whose wealth level is close to that of the their own states, and weaker evidence that (3) judges favor states whose political system is similar to that of their own states and that (4) (more weakly) judges favor states whose culture (language and religion) is similar to that of their own states. We find weak or no evidence that judges are influenced by regional and military alignments.

国际法政治学司法行为国际关系