International Criminal Law: A New Legal Hybrid?

32 Pages Posted: 17 Sep 2008

See all articles by Frederic Megret

Frederic Megret

McGill University - Faculty of Law

Date Written: September 17, 2003

Abstract

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

Mégret, Frédéric, International Criminal Law: A New Legal Hybrid? (September 17, 2003). Available at SSRN: https://ssrn.com/abstract=1269382 or http://dx.doi.org/10.2139/ssrn.1269382

Frédéric Mégret (Contact Author)

McGill University - Faculty of Law ( email )

3644 Peel Street
Montreal H3A 1W9, Quebec
Canada

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