Study On Independence Of International Judges Of Chinese Nationality

The international rule of law is the research topics with great theoretical and practical significance in the field of contemporary international law, and the independence of judges in international judicial institutions is the most important factor of international rule of law. This is because if there were no international judicial institutions it will be meaningless to talk about the international rule of law, and without the independence of international judges, international judicial institutions can not perform effectively their functions in maintaining the international rule of law. The independence of international judges is the guarantee of the international justice and the foundation of the legitimacy of international judicial institutions. In the practice of international rule of law, the independence of international judges raises more and more attention. There are international judges of Chinese nationality in many international judicial institutions having significant impacts, such as the International Court of Justice, the International Tribunal for the Law, WTO dispute settlement mechanism, the former Yugoslavia and the International Criminal Court. They have played an irreplaceable role in their respective international judicial institutions, and have represented China's position and attitude towards the international rule of law. As a result, the independence of international judges of Chinese nationality is noteworthy. But unfortunately, researchers have not well studied the subject of the independence of Chinese international judge in a complete and systematic way.This article aims at studying the independence of international judges of Chinese nationality, thus making a significant forward step in the relevant research field. By comparison, many previous scholars have explored the independence of international judges in a general sense, however, without a systematic study on a group of judges of a particular nationality. This paper hopes to fill this gap through a study of the independence of international judges of Chinese nationality, and correlatively, explore China's role and impact with regard to international rule of law. At the same time, this article will also analyze the phenomenon and the deep-rooted reasons related to the lacking of independence of international judges of Chinese nationality through a detailed inquiry on their practices, and put forward concrete's strategic measures for promoting the independence of international judges of Chinese nationality. Therefore, the research that this article has made can help to enhance the independence of international judges of Chinese nationality in practice, the image of China in the international community, and strengthen China's influence and role to the development of international rule of law.The content of this paper includes: the theories for independence of international judges and their development, the guarantee of the independence of Chinese international judges, the extent and problems of the independence of international judges of Chinese nationality, the measures to increase the independence of international judges of Chinese nationality.This article adopts a research method of combining the protection of the independence of international judges by the international judicial institutions and the independence practice of Chinese international judges, placing the researches of the independence of Chinese international judges under the context of the independence of international judicial institutions and the independence of international judges; this article bases its research on the protection of the independence of international judges, and analyzes the independence of Chinese international judges through combination of the methods of standard research, comparative research and empirical research, in order to avoid excessively abstract theoretical analysis and discussion. Moreover, this article combines the general theory of international law on international rule of law, the independence of judges with judicial practices of international judges of Chinese nationality, highlighting China's contribution to the development of international rule of law.The principal conclusions of this paper are that, with the continuous development of international judicial practice, the system to protect the independence of international judges have been ameliorated; however, the main factors affecting the independence of international judges include the moral acceptance by international judges of the international rule of law and the independence of international judges, the position and influence of the national state of international judges towards the international rule of law and the independence of international justice. By studying the judicial practice of international judges of Chinese nationality, the author concludes that the independence of Chinese international judges is relatively insufficient, mainly due to the lack of faith in law and China's negative political impact. Finally, the author puts forward measures for solving the problems of the insufficient independence of international judges of Chinese nationality, including reinforcing faith in rule of law, improving the quality of judges, strengthening the inner independence, and reducing China's political impact.