Foreign judges sit on domestic courts in over fifty jurisdictions worldwide. They serve on ordinary courts, including apex and constitutional courts, as well as specialist courts, such as international commercial courts and hybrid criminal tribunals. This Handbook presents the first global comparative study of this long-standing, diverse and evolving practice, from colonial precedents to new forms of foreign judging in contemporary conditions of globalisation. Chapters by scholars of law, politics and history, and reflections by judges themselves, provide detailed information and critical analysis of foreign judging across Africa, Asia, the Caribbean, Europe, the Middle East and the Pacific. The chapters examine the notion and relevance of foreignness, rationales for foreign judges, and the implications for judicial identity, adjudication, independence and accountability. Focusing on an underexplored issue that features mainly in small states and jurisdictions of the Global South, this Handbook challenges assumptions and expands knowledge about courts and judges.
1. An Introduction to Foreign Judges on Domestic Courts Anna Dziedzic; Part I. Rationales, Motivations and Design: Domestic Drivers; 2.My Reflections as a Foreign Judge in the Commonwealth Mabel M. Agyemang; 3. Judges from other Common Law Jurisdictions on the Hong Kong Court of Final Appeal Joseph Fok; 4.Foreign Judges in Liechtenstein's Courts Peter Bußjäger; 5. The SICC, International Judges and International Commercial Dispute Resolution Anselmo Reyes; 6. Foreign Judges in the Macau Special Administrative Region of China: An Emblem and a Guarantee of the 'One Country, Two Systems' Principle Paulo Cardinal; International Influences; 7. Foreign Judges in the Constitutional Courts of Bosnia-Herzegovina and Kosovo: 'Mission Impossible'? Constance Grewe; 8. A Judiciary 'Suspended' in Transition? A Case Study of Portuguese Judges in East Timor Sapna Reheem Shaila; 9. Foreign Judges in International Corruption Missions in Central America Carlos Arturo Villagrán Sandoval; 10. Mixed Composition in International Criminal Justice: History, Justifications and Challenges Harry Hobbs; Part II. Implications and Impact: First Hand Accounts; 11. Impartial Adjudicators? The Role of Foreign Judges in Seychelles Mathilda Twomey; 12. What is it to be an Academic French Female Judge in Andorra? Some Personal Thoughts about a Unique Experience Laurence Burgorgue-Larsen; 13. Foreign Judges on Domestic and Regional Courts: The Difference Between What Matters and What Seems to Matter Dennis Byron; 14. Foreign Judges in National Courts in the Commonwealth Karen Brewer; 15. Reflections David Baragwanath; Judicial Identity and the Judicial Role; 16. Colonial-Era Mixed Courts, the Compensation of Foreigners for Wrongful State Acts and the Emergence of International Judges as Guarantors of Individual Rights Michel Erpelding; 17. Forging a Judicial Identity: The Colonial Legal Service Paul Swanepoel; 18. Domestic Criticisms of Foreign Judges: The Case of Hong Kong Simon N. M. Young; 19. Judicial Mobilities: Travelling Judges in the Pacific Anna Dziedzic; Adjudication, Accountability and Independence; 20. Foreign Judging and Securing Judicial Independence in the Anglo Caribbean Tracy Robinson; 21. Importing Justice: Foreign Judicial Appointments in Southern Africa Rachel Ellett; 22. Foreign Judges on Domestic Courts in the MENA Region: Challenges and (Missed) Opportunities Siraj Khan; 23. Foreign Judges on the Gambian Bench: Implications for Judicial Independence and Rule of Law Satang Nabaneh; 24. The Syariah Factor: One of the Many Challenges for 'Foreign' Judges in the Courts of Brunei Darussalam Ann Black; 25. Foreign Judges: Adjudicating Papua New Guinea's 'Home-Grown' Transformative Constitution Bal Kama; 26. Shaping the Legal Landscape: Foreign Judges in the Federated States of Micronesia Gonzaga Puas.
Anna Dziedzic is an early career scholar who has completed post-doctoral fellowships at Melbourne Law School and the University of Hong Kong. She researches comparative constitutional law and judicial studies, with a focus on the Pacific region. Her first book, Foreign Judges in the Pacific, was published in 2021. Simon N. M. Young is Associate Dean (Research) in the Faculty of Law, The University of Hong Kong, and a practising barrister with Parkside Chambers. He has written on many aspects of Hong Kong's post-1997 constitutional order in relation to national security, criminal justice, human rights, the judiciary, and elections.
