The Nomination of International Judges by ‘the Enlightened Few’: A Comment on the Royal Decree of 23 January 2020 Concerning the Establishment of a Dutch National Group at the Permanent Court of Arbitration

Abstract

On 23 January 2020, the Government of the Netherlands adopted a Royal Decree concerning the Establishment of a Dutch National Group at the Permanent Court of Arbitration. The Decree aims to provide fairness, transparency and consistency in terms of the composition of the national group and its function of nominating candidates for election to international courts. This contribution puts the Dutch national group in context in the relevant international legal framework, analyses the specifics of the Decree and critically evaluates its strengths and weaknesses. It will be argued that while the Decree offers a number of welcome procedural specifications and innovations, it contains elements that deserve refinement and improvement in order to prevent that the Dutch national group acts (or is perceived to act) as a rubber stamp institution that simply carries out the will of the Government when making nominations for the international judiciary.