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4 - International Commercial Courts

Lessons from International Criminal Tribunals

from Part I - A Contextual Perspective to International Commercial Courts

Published online by Cambridge University Press:  14 April 2022

Stavros Brekoulakis
Affiliation:
Queen Mary University of London
Georgios Dimitropoulos
Affiliation:
Hamad Bin Khalifa University
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Summary

International commercial courts have much to learn from international criminal tribunals (ICTs), as these were the first (along with investment tribunals) to combine domestic and international law, in a manner that today exemplifies the interplay of transnational law. Although ICTs dispensed criminal justice, their hybrid commercial counterparts of the twenty-first century do not depart from the ICT model of justice. There are striking similarities in that both wish to attract users and ultimately become financially independent; they both strive to convince their financiers that they are worth the effort and expense. Ultimately, and although this may not be apparent from the outset (and may not perhaps even be an indirect goal), both ICTs and hybrid commercial tribunals will have to show that they are truly legitimate and that they feed into the local legal system in a meaningful way. If they do not, they will have failed to meet the concerns and aspirations of all users of the pertinent legal system.

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Chapter
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International Commercial Courts
The Future of Transnational Adjudication
, pp. 89 - 112
Publisher: Cambridge University Press
Print publication year: 2022

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