How does the realist view undermine international criminal law?
The realist view holds that international criminal law does not work in practice, whatever theoretical powers prosecutors may have, because it is dependent on the cooperation of states which have widely differing attitudes to law enforcement.
The meaning of legal realism is disputed, and it is often defined in opposition to legal formalism and legal positivism, as a more pragmatic approach to the application of law to real-life situations. Beyond this, there are various differences between the way in which legal realism is understood in Europe and America. American legal realists believe that principles of law are often used as a cover for choices made for other reasons and...
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