Jeffrey L. Dunoff (Temple University – James E. Beasley School of Law) & Mark A. Pollack (Temple University – Department of Political Science; Temple University – James E. Beasley School of Law) have posted Separate Opinions in International Courts and Tribunals on SSRN. Here is the abstract:
Separate opinions are common across many international courts and tribunals, yet their great variety and their impacts on judicial independence, judicial legitimacy, and the development of law are poorly understood. This paper provides a synoptic overview of separate opinions in international adjudication and arbitration by analyzing more than a century of debates over, and practice regarding, these judicial writings. To do so, it examines enduring normative debates over the desirability and impact of separate opinions and leading theories regarding the motivations for and frequency of separate opinions. It then explores the use and impact of separate opinions at the International Court of Justice, International Tribunal for the Law of the Sea, regional human rights courts, WTO dispute settlement, regional integration courts, international criminal courts, arbitration tribunals, and human rights treaty bodies.