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Tadić, The Anonymous Witness And The Sources Of International Procedural Law, Natasha Affolder Jan 1998

Tadić, The Anonymous Witness And The Sources Of International Procedural Law, Natasha Affolder

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On May 7, 1997, Trial Chamber II of the International Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law Committed in the Territory of the Former Yugoslavia released its verdict in its first trial. While the proceedings of the International Tribunal were commended for their fairness, criticism quickly erupted as a result of the Trial Chamber's decision to allow anonymous testimony to be used in the Tadic trial. This article explores the Trial Chamber's decision to allow the use of anonymous testimony as a protective measure. It focuses on the challenge of defining the sources …


Rhetoric And Rage: Third World Voices In International Legal Discourse, Karin Mickelson Jan 1998

Rhetoric And Rage: Third World Voices In International Legal Discourse, Karin Mickelson

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This paper sets out to question the conventional view of the Third World and international law, which tends to characterize Third World legal discourse as ad hoc and reactive. It considers whether it might be possible to identify "distinctive modes of thought and analysis" characteristic of a Third World approach to international law. In her analysis, the author begins by exploring various usages of the term "Third World," and explains the way in which it is used in this paper. She then sketches out Third World approaches to the subject areas of international economic law, human rights and the environment, …