The role which judges play in the process of adjudication is the final limitation which is considered. Various cases before the Yugoslav Tribunal are taken into account to demonstrate the extent to which judges have sought to establish an `effective' international criminal law system often at the expense of the rights of the accused. Finally, the European Court of Justice is examined to demonstrate that the rule of law can be effectively implemented internationally if States so desire and that it is simply the intransigence of States, over the last century, which has limited the rule of law on the international plane.
The Rule of Law and its Limits
The role which judges play in the process of adjudication is the final limitation which is considered. Various cases before the Yugoslav Tribunal are taken into account to demonstrate the extent to which judges have sought to establish an `effective' international criminal law system often at the expense of the rights of the accused. Finally, the European Court of Justice is examined to demonstrate that the rule of law can be effectively implemented internationally if States so desire and that it is simply the intransigence of States, over the last century, which has limited the rule of law on the international plane.
- ISBN:
- 9789067041256
- 9789067041256
- Category:
- United Nations & UN agencies
- Format:
- Hardback
- Publication Date:
- 01-12-2000
- Language:
- English
- Publisher:
- T.M.C. Asser Press
- Country of origin:
- Netherlands
- Pages:
- 264
- Dimensions (mm):
- 235x155x22mm
- Weight:
- 0.64kg
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