CEU Electronic Theses and Dissertations, 2011
| Author | Ajevski, Marjan Slobodan |
|---|---|
| Title | International Criminal Tribunals as Lawmakers - Challenging the Basic Assumptions of International Law |
| Summary | The thesis focuses its inquiry on the issue of international criminal tribunals as law-makers. It starts with the hypothesis that courts, both domestic and international, have enor-mous normative weight that allows them to shape and form the law. In Chapter I, the thesis critically describes how the lawmaking process in international law is suppose to work, point-ing out the deficiencies of the international law master narrative in explaining the functioning of courts. In Chapter II, the thesis, using literature analysis, describes the process by which the international ad hoc criminal tribunals have expanded and shaped international humanitarian and international criminal law. It claims that the ad hoc tribunals have imported a consider-able number of definitions of crimes from its sister branch, international human rights law, but national criminal law as well, and then modified them to suit the specific international criminal environment and the international system more broadly. Chapter III, asks the intermediate question of acceptances of the normative outcomes of the ad hoc tribunals by other actors, namely scholars and other international (criminal) courts. It concludes that, for the most part, the outcomes of the ad hoc tribunals have been accepted by the wider scholarly community and other international courts. However, courts, other than the other international/ized criminal courts, see the outcomes of the ad hoc tribu-nals as something stemming from a foreign normative sphere, something that they cannot ar-gue with but only accept. Chapter IV tackles the issue of the background of doctrine of sources master narrative and its compatibility with the way in which international courts argue and structure their judgments and argues that the legitimizing method that international tribunals have adopted is the one that fits better with the structural environment of the international system. |
| Supervisor | Bard, Karoly |
| Department | Legal Studies PhD |
| Full text | https://www.etd.ceu.edu/2011/ajevski_marjan.pdf |
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