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The term ‘trial by media’ often carries negative connotations within the legal community, as it reflects the media's tendency to dramatize court proceedings, overshadowing their legalLegitimacy, personal, and social implications. However, the influence of trial by media stems from public interest in justice and morality, suggesting that it can foster meaningful debates on these issues. While prominent in domestic contexts, trial by media is much less prevalent in international lawInternational law, with few exceptions involving significant global issues. This chapter argues that, despite its drawbacks, trial by media could enhance public understanding of international law. Effective media coverage of international disputes can raise awareness of global politics, economics, and security. To achieve this, coverage of disputes must transcend sensationalism and provide a platform for informed discussions, transforming international law from an esoteric discipline reserved for lawyers and diplomats into a subject of global debate. The chapter is structured to overview current media approaches, explain the domestic focus of trial by media, discuss theoretical advantages and disadvantages, and finally advocate for an educated form of international trial by media.

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Publicity and Legitimacy of Public International Law: Trial by Media and Proceedings Before International Courts and Tribunals

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  • 发表日期：

    2025年

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  • Paolo Vargiu

摘要

The term ‘trial by media’ often carries negative connotations within the legal community, as it reflects the media's tendency to dramatize court proceedings, overshadowing their legalLegitimacy, personal, and social implications. However, the influence of trial by media stems from public interest in justice and morality, suggesting that it can foster meaningful debates on these issues. While prominent in domestic contexts, trial by media is much less prevalent in international lawInternational law, with few exceptions involving significant global issues. This chapter argues that, despite its drawbacks, trial by media could enhance public understanding of international law. Effective media coverage of international disputes can raise awareness of global politics, economics, and security. To achieve this, coverage of disputes must transcend sensationalism and provide a platform for informed discussions, transforming international law from an esoteric discipline reserved for lawyers and diplomats into a subject of global debate. The chapter is structured to overview current media approaches, explain the domestic focus of trial by media, discuss theoretical advantages and disadvantages, and finally advocate for an educated form of international trial by media.