Fair Treatment Standards in Transnational and International Criminal Law: International Developments and National Relevance

Singapore Academy of Law Journal, Forthcoming

19 Pages Posted: 27 Oct 2013

See all articles by W.L. Cheah

W.L. Cheah

National University of Singapore (NUS) - Faculty of Law

Date Written: October 27, 2013

Abstract

This essay examines fair treatment developments undertaken at the international level in transnational and international criminal law, with the aim of analysing how national actors should approach these developments. It argues for national actors to engage more closely with these fair treatment standards, and suggests how they can decide what standards are binding and how they should be implemented by the careful analysis of the norm’s juridical status and the development of a principled margin of discretion. It explains how these fair treatment standards, even when not binding in nature, can be of important interpretive value for national actors, and how it is important for national actors to engage with these developments and participate in the making of international law.

Suggested Citation

Cheah, W.L., Fair Treatment Standards in Transnational and International Criminal Law: International Developments and National Relevance (October 27, 2013). Singapore Academy of Law Journal, Forthcoming, Available at SSRN: https://ssrn.com/abstract=2345796

W.L. Cheah (Contact Author)

National University of Singapore (NUS) - Faculty of Law ( email )

469G Bukit Timah Road
Eu Tong Sen Building
Singapore, 259776
Singapore

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