The marriage of common and continental law at the ICTY and its progeny, due process deficit Article

Fairlie, M. (2004). The marriage of common and continental law at the ICTY and its progeny, due process deficit . 4(3), 243-319. 10.1163/1571812041971643

cited authors

  • Fairlie, M

authors

abstract

  • In seeking inspiration for change, it is perhaps natural for lawyers to go browsing in a foreign law boutique. But it is an illusion to think that this is a boutique in which one is always free to purchase some items and reject others. An arrangement stemming from a partial purchase - a legal pastiche - can produce a far less satisfactory fact finding result in practice than under either continental or Anglo-American evidentiary arrangements in their unadulterated form. © 2004 Koninklijke Brill NV. Printed in the Netherlands.

publication date

  • October 1, 2004

Digital Object Identifier (DOI)

start page

  • 243

end page

  • 319

volume

  • 4

issue

  • 3