credibility of the stare decisis in tribunals of international criminal
نویسندگان
چکیده
stare decisis is one of traditional legal rules common law to be considered. according to this rule, the judge of the judicial decisions of thecommon law previous similar cases to use. this rule by some authorities such as the international criminal court to consider the implicit judgments about the observance of this rule before the verdict is so difficult. finally, cautious and visionary in compliance with this rule may serve the unity and integrity of international law placed. stare decisis is one of traditional legal rules common law to be considered. according to this rule, the judge of the judicial decisions of thecommon law previous similar cases to use.
منابع مشابه
Why Stare Decisis?∗
All Courts rule ex-post, after most economic decisions are sunk. This can generate a time-inconsistency problem. From an ex-ante perspective, Courts will have the ex-post temptation to be excessively lenient. This observation is at the root of the rule of precedent, known as stare decisis. Stare decisis forces Courts to weigh the benefits of leniency towards the current parties against the bene...
متن کاملThe International Criminal Court and the Closure of the Time-Limited International and Hybrid Criminal Tribunals
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Establishment an international prison in order to Execution of criminal sentences of the International Criminal Court
However, the punishment of imprisonment has become the main response of domestic and international arsenals; But now one of the most important challenges facing the International Criminal Court is how to enforce its sentences, and especially the execution of imprisonment.according to the Statute of the Court, imprisonment is carried out through voluntary agreements with the receiving countries ...
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عنوان ژورنال:
مطالعات حقوق خصوصیجلد ۴۲، شماره ۱، صفحات ۱۲۷-۱۴۴
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