Author Archive

Uses and possible misuses of a Comparative International Law approach

1. The question In a recent monograph[1] and in a subsequent edited volume,[2] Anthea Roberts makes the case for the adoption of a comparative international law (CIL)[3] approach in the study and practice of international law.[4] CIL is a project addressed primarily to international lawyers rather than States.[5] It offers a vision of what international...

Of efficiency and fairness in the administration of international justice: Can the Residual Mechanism provide adequately reasoned judgments?

1. The issue This paper discusses some of the structural and procedural innovations that the Security Council introduced in the Statute of the International Residual Mechanism for Criminal Tribunals (Mechanism)[1] and reflects on how some of these developments impact on the exercise of the Mechanism’s judicial function. These innovations constitute a unicum in the field...