Butterfly Effect on Leash: The Calculated Use of ICTY’s Rationales as a Persuasive Authority in Strengthening the Criminal Dimension of the Positive Obligations under the ECHR
Originally from chaos theory, “the butterfly effect” as a concept indicates the verisimilitude of how the most insignificant thing can have a significant ripple effect in a certain process. By analogy, courts are not immune to the “butterfly effect”. Due to the rapid proliferation of legal regimes and bodies, courts are confronted with unorthodox situations requiring that they interface one-anothe
