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The Global Community Yearbook of International Law and Jurisprudence 2018$
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Giuliana Ziccardi Capaldo

Print publication date: 2019

Print ISBN-13: 9780190072506

Published to Oxford Scholarship Online: September 2019

DOI: 10.1093/oso/9780190072506.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 17 April 2021

“External Stakeholder Benevolence”

“External Stakeholder Benevolence”

An Emerging Policy Paradigm in International Criminal Justice?—Critical Reflections on the Paris Declaration 2017 and the Oslo Recommendations 2018 on the Efficiency and Legitimacy of International Courts

(p.21) “External Stakeholder Benevolence”
The Global Community Yearbook of International Law and Jurisprudence 2018

Michael Bohlander

Oxford University Press

The debate about concerns surrounding the efficiency and legitimacy of international (criminal) courts has been joined by a new voice, judicial declarations on how proceedings can be expedited and the legitimacy deficit resolved, in particular the Paris Declaration of 2017 and the Oslo Recommendations of 2018, which deal with “enhancing their institutions’ legitimacy in the eyes of diverse stakeholders.” This article queries in detail whether either document manages to do that, as well as the emerging lens of “external stakeholder benevolence.” It argues that a traditional stakeholder theory approach must break down when the decision about the interest (fair trial) against which other stakeholders’ interests are to be balanced has been assigned exclusively to one stakeholder (judges), barring other stakeholders from encroaching on that stakeholder’s position (judicial independence). The judicial perspective on stakeholder-theory-based attempts at defining the parameters of the judicial core environment will thus always be one of intrusion.

Keywords:   International criminal justice, judicial proceedings, fair trial, judicial independence, efficiency, legitimacy, key performance indicators, stakeholder benevolence, Paris Declaration 2017, Oslo Recommendations 2018

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