Oldal 47 [47]
OCR
THE BANALITY OF GOOD to achieve policy ends”! On the other hand the State Parties themselves were “frustrated with the Court, which they consider does not deliver full value for the funding their taxpayers provide, in terms of reducing the incidence of the crimes set out in the Rome Statute, through convictions and deterrence.”" Bringing the discussion down a level from principles to technical issues and putting it in the hands of independent experts would create space to have a more productive dialogue between the Court proper and the ASP on the ICC’s path forward. To the experts’ credit, they managed to gain the trust of the ICC’s staff, which shows in the candor of the report. THE REPORT IN CONTEXT OF THE STUDY OF INTERNATIONAL COURTS To say that the field of international court’s research is a growing field is a little bit of an understatement. There are currently two main centres of excellence in Europe dedicated to researching all types of international courts,” as well as several individual or institutional projects focusing on the subject in the past and present. As international courts have grown in maturity so has the field. Moreover, it is not just that international courts proper are the object of study, the UN human rights bodies, the WTO dispute settlement mechanism, as well as investor-state arbitrations are also commonly studied. In addition, various aspects of these courts and tribunals have been and are under study, from their independence, accountability, transparency, the election of judges/arbitrators, their effectiveness, the relationship with states as well as specific branches of government within a state, the dialogue between international courts, their democratic deficit and legitimacy and the possible ways that they could be addressed. Moreover, it is also safe to say that the courts based in Europe are overstudied, while those based in other regions of the world, especially in Africa, are understudied. But more importantly than what topics have been studied is the way that international courts (ICs) have been studied. To illustrate, I will present a discussion 10 The Report, para. 948. 1 Tbid para. 949. PluriCourts Centre for the Study of the Legitimate Roles of the International Judiciary in the Global Order, based at the University of Oslo, Norway, and iCourts, based at the University of Copenhagen, Denmark. See for instance Yuval Shany (ed.), Assessing the Effectiveness of International Courts, Oxford, OUP, 2014, a result of a ERC grant at the Hebrew university of Tel Aviv, as well as the Project on International Courts and Tribunals (PICT) coordinating the research of several European universities under which the Selecting International Judges study was conducted. «45 ¢
