Is “Moonlighting” a Problem? The role of ICJ judges in ISDS

This research paper examines the practice of sitting International Court of Justice (ICJ) judges serving as arbitrators in investor-state dispute settlement (ISDS) cases, arguing that such 'moonlighting' may undermine the ICJ's reputation for independence.

• At least 20 ICJ judges—comprising seven current and 13 former judges—have served as arbitrators or annulment committee members at the International Centre for Settlement of Investment Disputes (ICSID) during their terms. These individuals were appointed at least 92 times and served in at least 90 ISDS cases while sitting as ICJ judges.
• Based on data as of July 31, 2017, ICJ judges served as arbitrators in approximately 10 per cent of all known treaty-based ISDS cases, with 78 treaty-based cases out of a total of 817.
• The author suggests that the involvement of sitting ICJ judges in investor-state disputes may damage the court's reputation for independence as the primary authority on public international law, and warns that these entanglements will grow more complex as international investment arbitration expands.

APA

Brauch,, N. B.-O. D. (2017). Is “Moonlighting” a Problem? The role of ICJ judges in ISDS. International Institute for Sustainable Development. https://www.iisd.org/articles/policy-analysis/moonlighting-problem-role-icj-judges-isds

Chicago

Brauch,, Nathalie Bernasconi-Osterwalder,Martin Dietrich. Is “Moonlighting” a Problem? The role of ICJ judges in ISDS. International Institute for Sustainable Development, 2017. https://www.iisd.org/articles/policy-analysis/moonlighting-problem-role-icj-judges-isds.

Wikipedia

{{cite report |last1=Brauch, |first1=Nathalie Bernasconi-Osterwalder,Martin Dietrich |title=Is “Moonlighting” a Problem? The role of ICJ judges in ISDS |publisher=International Institute for Sustainable Development |date=23 November 2017 |url=https://www.iisd.org/articles/policy-analysis/moonlighting-problem-role-icj-judges-isds |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{brauch2017moonlighting, author = {Brauch,, Nathalie Bernasconi-Osterwalder,Martin Dietrich}, title = {{Is “Moonlighting” a Problem? The role of ICJ judges in ISDS}}, institution = {International Institute for Sustainable Development}, year = {2017}, month = nov, url = {https://www.iisd.org/articles/policy-analysis/moonlighting-problem-role-icj-judges-isds}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }