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Fair Treatment in Transnational and International Criminal Law: International Developments and National Relevance

Cheah Wui Ling

(2013) 25 SAcLJ 778

This essay examines fair treatment developments in transnational and international criminal law at the international level, with the aim of analysing how national actors should approach these developments. It is important for national actors to remain aware of these international developments as they may be legally binding, and even when not so, they may be of important comparative value for national actors. This essay proposes how national actors can decide which international rules are legally binding through a careful analysis of the rule’s juridical status, and how the national implementation of these binding international rules can be facilitated through the application of a principled margin of discretion. It then goes on to highlight how international developments that are non-binding in nature can be a comparative resource for national actors, and why it is important for national actors to engage with these developments and participate in the making of international law.