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The Independence of Justice in the Cauldron of International Relations
Modern Law Review  (IF1.779),  Pub Date : 2021-09-01, DOI: 10.1111/1468-2230.12678
Frédéric Mégret

This article analysesa series of judicial crises involving the investigation, arrest and prosecution of prominent foreign nationals. Such crises have in common that they imperil the independence of justice in novel, transnational ways. They are the product of cultural misunderstandings, including the incredulity of foreign authoritarian States that the judiciary of the forum State is indeed independent. They raise dilemmas for States in seeking to both respect the independence of their own courts and minimise the consequences to the national interest. The article explores some of the ways in which this tension has been mediated in practice, and the challenges raised. It concludes with some thoughts on the changing nature of the independence of the judiciary in an era of foreign governmental assertiveness.