All the judicial proceedings are based in some general principles of law. Those principles express the imperatives of security, justice and equity which have to guide the judicial settlement of disputes. Some of those general principles define an important part of the judicial function and guarantee the objective nature of a judicial process. The principle Nemo iudex in causa sua is a general principle of law, particularly important for the development of the judicial proceedings for the settlement of disputes. The independence and impartiality of a judge are inherent to the fulfillment of his judicial function as a guarantee to his quality of third party to the dispute. The observance of those two basic requirements is fundamental for the good function of all tribunals, internal and international. But the significance of the Nemo iudex in causa sua principle has a special meaning for the international judges, due to the specificity of the context in which they fulfill their judicial function. The crystallization of the Nemo iudex in causa sua principle in the Constitutive Statutes of the different international judicial bodies and its convergent application in the international case-law demonstrate the common nature of this principle for all the specialized fields of the international justice.
Georgieva, V. P. (2015). The Nemo iudex in causa sua principle before the international tribunals. A state of the question. Revista Tribuna Internacional, 4(7), pp. 129–151. https://doi.org/10.5354/rti.v4i7.36983
