Comparative law and the ad hoc Tribunals: the dangers of a narrow inquiry

Borda, Aldo Zammit (2012) Comparative law and the ad hoc Tribunals: the dangers of a narrow inquiry. International Journal of Legal Information. ISSN 0731-1265 (Draft)

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Abstract

This article focuses on the distinctions that the ad hoc Tribunals have drawn between the comparative law method and the review of evidence for clarifying customary international law and general principles of law. It outlines the dangers in the readiness of some international judges to accept narrow inquiries, which at best attach special weight and at worst restrict the scope of inquiry to a single, specific legal system. The readiness of some international judges to simply elevate legal rules and concepts with which they are familiar from their own legal education and practice to the level of universal truths may imply a failure to understand the other legal traditions on offer. The article concludes by showing that, unless the dangers inherent in the readiness to accept narrow inquiries are clearly emphasized, the achievement of an international criminal justice that is truly tolerant of plurality is a long way off.

Item Type: Journal Article
Additional Information: Citation: Borda, A.Z., 2012. Comparative law and the ad hoc Tribunals: the dangers of a narrow inquiry. International Journal of Legal Information, 40(1/2), pp.22-38..
Faculty: Faculty of Arts, Law & Social Sciences
Depositing User: Mr I Walker
Date Deposited: 23 Dec 2013 09:30
Last Modified: 07 Jul 2016 12:51
URI: http://arro.anglia.ac.uk/id/eprint/308941

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