International Criminal Law: A New Legal Hybrid?
32 Pages Posted: 17 Sep 2008
Date Written: September 17, 2003
This paper seeks to establish the viability of the "convergence" thesis as applied to common and civil law by an examination of the emergence of international criminal law, particularly as it is applied by international criminal tribunals. It suggests that the concept of "legal hybrid" is that which most approximates the conditions in which two legal systems or traditions do not simply overlap, but blend into a sui generis system that is more than the sum of both. It traces the dynamics of that hybridization, in an attempt to understand how transystemic "areas" in the law are produced, sustained and developed.
Keywords: international criminal law, legal hybrids, hybrid, common law, civil law, accusatorial, inquisitorial, trans-systemic
JEL Classification: K1, K33
Suggested Citation: Suggested Citation