ABSTRACT

The main purpose of this chapter is to provide a comprehensive account of the theoretical position adopted by the authors in the comparative contextual analysis (CCA) 1 of trial process. The development of CCA is driven by the need to provide a theoretically informed methodology capable of addressing two interconnected purposes:

To examine the manner in which civil law and common law process styles are influencing the operation and development of international criminal trials

To understand how the essentials of criminal trial process and practices in chosen jurisdictions (national and international) are constructed, negotiated and relate to one another.