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

The document analyzes the practice of 'moonlighting' by ICJ judges, noting that at least 20 current or former judges have served as arbitrators in at least 90 ISDS cases during their tenure. This represents approximately 10 per cent of all known treaty-based investment cases as of July 2017, which the author argues may undermine the ICJ's reputation for independence.

• At least seven current and 13 former ICJ judges have served as arbitrators or annulment committee members at the International Centre for Settlement of Investment Disputes (ICSID) during their ICJ terms, with these 20 individuals appointed at least 92 times and serving in at least 90 cases.
• ICJ judges have acted as arbitrators in approximately 10 per cent of the 817 known treaty-based ISDS cases as of July 31, 2017, based on the 78 treaty-based cases among the 90 identified.
• The practice of ICJ judges serving as ISDS arbitrators may damage the court's reputation for independence as the primary authority on public international law, and these complexities are expected to increase as international investment arbitration grows.

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} }