Thursday, September 18, 2008

Mégret: International Criminal Law: A New Legal Hybrid?

Frédéric Mégret (McGill Univ. - Law) has posted International Criminal Law: A New Legal Hybrid?. Here's the 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.