Read more at: LCIL Friday Lecture: 'Road Not Taken: Comparative International Judicial Dissent' - Prof Jeffrey L Dunoff, Temple University, Beasley School of Law
LCIL Friday Lecture: 'Road Not Taken: Comparative International Judicial Dissent' - Prof Jeffrey L Dunoff, Temple University, Beasley School of Law
Register online Lecture summary: Dissent has a long and controversial history in international adjudication. This lecture excavates a now-forgotten history of debate over dissent, and identifies competing claims regarding dissent’s effect on judicial legitimacy, independence, and legal doctrine. To evaluate these claims, I undertake a comparative study of dissent practices across three leading international tribunals, the International Court of Justice, the European Court of Human Rights, and the European Court of Justice. Surprisingly, this comparative inquiry reveals that that each of the central claims in long-standing debates over dissent at international courts is misleading – and each in a different way. Challenging conventional wisdom, we find that the presence of dissenting opinions has little systematic impact on legitimacy; the key factor instead is patterns of dissent that suggest geopolitical bias among international judges. Turning to independence, we find that the effects of dissent on judicial independence are mediated by a third factor, namely the length and renewability of judicial terms of office, which vary across international courts. Finally, turning to legal doctrine, we find considerable support for the view that dissents promote the dynamic development of law, but at best limited support for the more heroic claim that today’s dissents form the basis for future majority rulings. Jeffrey L. Dunoff is the Laura H. Carnell Professor of Law at Temple University Beasley School of Law. His research focuses on public international law, international regulatory regimes, international courts, and interdisciplinary approaches to international law.