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Assessing the Effectiveness of International Courts$
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Yuval Shany

Print publication date: 2014

Print ISBN-13: 9780199643295

Published to Oxford Scholarship Online: April 2014

DOI: 10.1093/acprof:oso/9780199643295.001.0001

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Judicial Independence and Impartiality

Judicial Independence and Impartiality

(p.97) 5 Judicial Independence and Impartiality
Assessing the Effectiveness of International Courts

Yuval Shany

Oxford University Press

This chapter first discusses how to conceptualize judicial independence and impartiality within the operative categories used in this book's goal-based model. It then examines the conceptual relationship between judicial effectiveness and judicial independence and impartiality, and applies the notion of ‘constrained independence’ to two key prosecutorial decisions adopted during the life of the International Criminal Tribunal for the former Yugoslavia and the International Criminal Tribunal for Rwanda.

Keywords:   international courts, goal-based model, judicial effectiveness, constrained independence, former Yugoslavia, Rwanda

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