“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

Bohlander, Michael

Abstract

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.

Citation

Bohlander, M. (2019). “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. In G. Z. Capaldo (Ed.), Global community yearbook of international law and jurisprudence 2018 (21-67). Oxford University Press. https://doi.org/10.1093/oso/9780190072506.003.0002

• Online Publication Date: Sep 10, 2019
• Publication Date: Sep 30, 2019
• Deposit Date: Mar 26, 2019
• Publicly Available Date: Sep 1, 2021
• Publisher: Oxford University Press
• Pages: 21-67
• Series Title: Global community yearbook of international law and jurisprudence
• Book Title: Global community yearbook of international law and jurisprudence 2018
• DOI: https://doi.org/10.1093/oso/9780190072506.003.0002
• Keywords: International criminal justice, Key performance indicators, Stakeholder benevolence, Paris Declaration 2017, Oslo Recommendations 2018
• Public URL: https://durham-repository.worktribe.com/output/1661236
• Contract Date: Feb 5, 2019