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Stakeholder Applications

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Advantages or Disadvantages for International Criminal Law?

image of International Criminal Law Review

Given that talk about “stakeholders” have become commonplace in international law and international relations, the authors examine some of the issues that arise from an account of the theoretical, jurisprudential, and doctrinal parameters that can be derived from competing frameworks. For the specific purpose of international criminal law, the authors concentrate on the single most important question: whether stakeholder applications constitute advantages or disadvantages in a philosophy of law approach to the rule of law. It appears that current matches with concepts, norms and strategies warrant, as a minimum, more critical reflection. Incorporating stakeholder applications from various UN-documents, the ambiguities and inadequacies of these – in comparison to non-UN alternatives and contemporary legal theory of an idealist and progressive orientation even seem to substantiate arguments against too close affiliations with the trend, especially because the separation thesis recently re-emerged in broad frameworks.

Affiliations: 1: Associate Professor of Ethics, Indiana University Northwest, Gary, IN, USA; 2: Instructor of Philosophy, Southeast Missouri State University, Cape Girardeau, MO, USA


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