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Ruling On or Out the Implicit: Methodological Suggestions for the Measurement of the Effect of Implicit Social Cognition on the Work of International Courts and Third Party Decision Making Bodies and Implications for Legal Reforms

Ruling On or Out the Implicit: Methodological Suggestions for the Measurement of the Effect of... Ruling On or Out the Implicit: Methodological Suggestions for the Measurement of the Effect of Implicit Social Cognition on the Work of International Courts and Third Party Decision Making Bodies and Implications for Legal Reforms Éva Grünwald I. Introduction The question whether international courts, tribunals and arbitral bodies can comply fully with the fundamental principle of impartiality has long been in the crossfire of disputes. Now it is widely recognized that both personal predispositions (such as nationality, cultural differences, preferences and prejudices) and institutional aspects (i.e. group dynamics, order of voting, possibility of expressing dissenting opinions) can influence judicial decision- making processes. Éva Grünwald is a PhD candidate of the University of Pécs (Institute of Psychol- ogy), holds MA diplomas in Law and Clinical Psychology and works as legal officer at the International Law Department of the Ministry of Foreign Affairs and Trade of Hungary. She was deputy chair of the Public International Law Working Group (COJUR) of the European Council during the Hungarian Presidency. As regards courts and tribunals, see Edward Gordon, Steven J Burton, Richard Falk and Thomas Franck, ‘The Independence and Impartiality of International Judges’ (1989) 83 Proceedings of the Annual Meeting (American Society of International http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Austrian Review of International and European Law Online Brill

Ruling On or Out the Implicit: Methodological Suggestions for the Measurement of the Effect of Implicit Social Cognition on the Work of International Courts and Third Party Decision Making Bodies and Implications for Legal Reforms

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Brill
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Copyright © Koninklijke Brill NV, Leiden, The Netherlands
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1573-6512
DOI
10.1163/15736512-02501004
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Abstract

Ruling On or Out the Implicit: Methodological Suggestions for the Measurement of the Effect of Implicit Social Cognition on the Work of International Courts and Third Party Decision Making Bodies and Implications for Legal Reforms Éva Grünwald I. Introduction The question whether international courts, tribunals and arbitral bodies can comply fully with the fundamental principle of impartiality has long been in the crossfire of disputes. Now it is widely recognized that both personal predispositions (such as nationality, cultural differences, preferences and prejudices) and institutional aspects (i.e. group dynamics, order of voting, possibility of expressing dissenting opinions) can influence judicial decision- making processes. Éva Grünwald is a PhD candidate of the University of Pécs (Institute of Psychol- ogy), holds MA diplomas in Law and Clinical Psychology and works as legal officer at the International Law Department of the Ministry of Foreign Affairs and Trade of Hungary. She was deputy chair of the Public International Law Working Group (COJUR) of the European Council during the Hungarian Presidency. As regards courts and tribunals, see Edward Gordon, Steven J Burton, Richard Falk and Thomas Franck, ‘The Independence and Impartiality of International Judges’ (1989) 83 Proceedings of the Annual Meeting (American Society of International

Journal

Austrian Review of International and European Law Online – Brill

Published: Jul 12, 2022

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