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Author : Durward V. Sandifer
Publisher : Unknown
Page : 443 pages
File Size : 50,8 Mb
Release : 1959
Category : Electronic
ISBN : OCLC:950555919
Author : Anna Riddell,Brendan Plant
Publisher : British Institute for International & Comparative Law
Page : 0 pages
File Size : 52,5 Mb
Release : 2016
Category : Evidence (Law)
ISBN : 1905221630
Some recent contentious issues about the use of evidence in cases before the International Court of Justice have highlighted the importance of fact-finding and the use of evidence before this Court. This major study on the issue of evidence before the International Court of Justice has examined all aspects of the Court's relationship with facts in both contentious and advisory proceedings from the recently refined procedure for submitting late evidence, to the hearing of live witness testimony in the Peace Palace. Considerations of flexibility and respect for the sovereignty of the State Parties before the Court have traditionally deterred the Court from constructing concrete rules on matters of evidence, but the increasing numbers of cases, in which a thorough consideration of the facts has been essential, has highlighted that some detailed procedural guidance is necessary in order to ensure a well-functioning system of adjudication. It is apparent that the Court has paid an incre
Author : Durward Valdamir Sandifer
Publisher : Charlottesville : University Press of Virginia
Page : 552 pages
File Size : 55,8 Mb
Release : 1975
Category : Law
ISBN : STANFORD:36105044450307
This study is based on an examination of all available records in the field of evidence from the 18th century to date. Acid-free reprint of University of Virginia Press, 1975. Distributed by William S. Hein & Co., Inc.
Author : Mojtaba Kazazi
Publisher : Martinus Nijhoff Publishers
Page : 440 pages
File Size : 48,9 Mb
Release : 1996
Category : Law
ISBN : 904110142X
(3) The ISS Case.
Author : Anna Riddell,Brendan Plant
Publisher : British Institute for International & Comparative Law
Page : 458 pages
File Size : 51,8 Mb
Release : 2009
Category : Civil procedure (International law)
ISBN : STANFORD:36105134453476
Some recent contentious issues about the use of evidence in cases before the International Court of Justice have highlighted the importance of fact-finding and the use of evidence before this Court. This major study on the issue of evidence before the International Court of Justice has examined all aspects of the Court's relationship with facts - in both contentious and advisory proceedings - from the recently refined procedure for submitting late evidence, to the hearing of live witness testimony in the Peace Palace. Considerations of flexibility and respect for the sovereignty of the State Parties before the Court have traditionally deterred the Court from constructing concrete rules on matters of evidence, but the increasing numbers of cases, in which a thorough consideration of the facts has been essential, has highlighted that some detailed procedural guidance is necessary in order to ensure a well-functioning system of adjudication. It is apparent that the Court has paid an increasing amount of attention to its evidentiary proceedings as a result, often encountering difficulties in the inherent tensions between the common and civil law traditions and thus a divergence of opinions on the Bench. This book examines the history and development of the treatment of evidence, including the early days of the Permanent Court of International Justice - the predecessor of the International Court of Justice - up to the recent Nicaragua v Honduras judgment, critically analyzing the Statute and Rules of the Court, dicta from judgments and separate and dissenting opinions, the newly developed Practice Directions, and academic writings on the subject. The book not only provides an academic discussion of the subject, but also acts as a guide to practitioners appearing before the Court.
Author : W. Michael Reisman,Christina Skinner
Publisher : Cambridge University Press
Page : 0 pages
File Size : 41,7 Mb
Release : 2015-10-08
Category : Law
ISBN : 1107636523
Domestic lawyers are, above all, officers of the court. By contrast, the public international lawyer representing states before international tribunals is torn between loyalties to the state and loyalties to international law. As the stakes increase for the state concerned, the tension between these loyalties can become acute and lead to practices that would be condemned in developed national legal systems but have hitherto been ignored by international tribunals in international legal scholarship. They are the 'dirty stories' of international law. This detailed and contextually sensitive presentation of eight important cases before a variety of public international tribunals dissects some of the reasons for the resort to fraudulent evidence in international litigation and the profession's baffling reaction. Fraudulent evidence is resorted to out of greed, moral mediocrity or inherent dishonesty. In public international litigation, by contrast, the reasons are often more complex, with roots in the dynamics of international politics.
Author : H. W. A. Thirlway
Publisher : Oxford University Press
Page : 241 pages
File Size : 41,6 Mb
Release : 2016
Category : Law
ISBN : 9780198779070
"In recent years States have made more and more extensive use of the International Court of Justice for the judicial settlement of disputes. Despite being declared by the Court's Statute to have no binding force for States other than the parties to the case, its decisions have come to constitute a body of jurisprudence that is frequently invoked in other disputes, in international negotiation, and in academic writing. This jurisprudence, covering a wide range of aspects of international law, is the subject of considerable ongoing academic examination; it needs however to be seen against the background, and in the light, of the Court's structure, jurisdiction and operation, and the principles applied in these domains. The purpose of this book is thus to provide an accessible and comprehensive study of this aspect of the Court, and in particular of its procedure, written by a scholar who has had unique opportunities of close observation of the Court in action. This distillation of direct experience and expertise makes it essential reading for all those who study, teach or practise international law." --book flap.
Author : Karim A. A. Khan,Caroline Buisman,Christopher Gosnell
Publisher : Unknown
Page : 876 pages
File Size : 50,8 Mb
Release : 2010
Category : Law
ISBN : 9780199588923
Principles of Evidence in International Criminal Justice provides an overview of the procedure and practice concerning the admission and evaluation of evidence before the international criminal tribunals. The book is both descriptive and critical and its emphasis is on day-to-day practice, drawing on the experience of the Yugoslavia, Rwanda and Sierra Leone Tribunals. This book is an attempt to define and explain the core principles and rules that have developed at those ad hoc Tribunals; the rationale and origin of those rules; and to assess the suitability of those rules in the particular context of the International Criminal Court which is still at its early stages. The ICC differs in structure from the ad hoc Tribunals and approaches the legal issues it has to resolve differently from its predecessors. The ICC is however confronted with many of the same questions. The book examines the differences between the ad hoc Tribunals and the ICC and seeks to offer insights as to how and in which circumstances the principles established over years of practice at the ICTY, ICTR and SCSL may serve as guidance to the ICC practitioners of today and the future. The contributors represent a cross-section of the practicing international criminal bar, drawn from the ranks of the Bench, the Prosecution and the Defence and bringing with them different legal domestic cultures. Their mixed background underlines the recurring theme in this book which is the manner in which a legal culture has gradually taken shape in the international Tribunals, drawing on the various traditions and experiences of its participants.
Author : Richard May,Marieke Wierda
Publisher : BRILL
Page : 393 pages
File Size : 40,8 Mb
Release : 2021-10-25
Category : Law
ISBN : 9789004479647
This book provides practitioners, scholars and students with an in-depth analysis of the law of evidence before international criminal tribunals. It treats subjects such as admissibility; hearsay; identification evidence; forensic and documentary evidence. It also discusses procedural issues arising from fair trial rights, state cooperation, witness protection, and the compulsive powers of the court. The main focus of this work is the practice of the United Nations ad hoc International Criminal Tribunals for the former Yugoslavia and Rwanda. However, it traces the developments of the law of evidence back to the trials conducted by the Allied powers after the Second World War. The authors also discuss the future of the law in this field, with comments on the projected implementation of the Statute and the Rules of Procedure of the permanent International Criminal Court. They conclude with some general remarks on trends in international criminal evidence that will be helpful to international tribunals, "mixed" tribunals (such as those proposed for Sierra Leone and Cambodia), and national courts alike. Published under the Transnational Publishers imprint.
Author : Durward Valdimir Sandifer
Publisher : Unknown
Page : 128 pages
File Size : 53,8 Mb
Release : 1971
Category : Electronic
ISBN : 0527787000
This study is based on an examination of all available records in the field of evidence from the 18th century to date. Acid-free reprint of University of Virginia Press, 1975. Distributed by William S. Hein & Co., Inc.
Author : James Gerard Devaney
Publisher : Cambridge University Press
Page : 307 pages
File Size : 49,6 Mb
Release : 2016-09-29
Category : Law
ISBN : 9781316720899
Fact-Finding before the International Court of Justice examines a number of significant recent criticisms of the way in which the ICJ deals with facts. The book takes the position that such criticisms are warranted and that the ICJ's current approach to fact-finding falls short of adequacy, both in cases involving abundant, particularly complex or technical facts, and in those involving a scarcity of facts. The author skilfully examines how other courts such as the WTO and inter-State arbitrations conduct fact-finding and makes a number of select proposals for reform, enabling the ICJ to address some of the current weaknesses in its approach. The proposals include, but are not limited to, the development of a power to compel the disclosure of information, greater use of provisional measures, and a clear strategy for the use of expert evidence.
Author : Edgardo Sobenes Obregon,Benjamin Samson
Publisher : Springer
Page : 435 pages
File Size : 51,6 Mb
Release : 2017-11-21
Category : Law
ISBN : 9783319629629
This book analyses Nicaragua's role in the development of international law, through its participation in cases that have come before the International Court of Justice. Nicaragua has appeared before the ICJ in fourteen cases, either as an applicant, respondent or intervening State, thus setting an important example of committment to the peaceful judicial settlement of disputes. The “Nicaraguan” cases have enabled the ICJ to take positions on and clarify a whole range of important procedural, jurisdictional and substantive legal issues, which have inspired the jurisprudence of international and regional courts and tribunals and influenced the development of international law. The book focuses on reviewing Nicaragua's cases before the ICJ, using a thematic approach to identify their impact on international law. Each chapter includes a discussion of the relevant cases on a particular theme and their impact over time on general as well as specific branches of international law, notably through their use as precedent by other international and regional courts and tribunals.
Author : W. Michael Reisman,Christina Skinner
Publisher : Cambridge University Press
Page : 233 pages
File Size : 42,6 Mb
Release : 2014-05-08
Category : Law
ISBN : 9781107063396
This book considers egregious cases of ethically dubious behaviour before public international tribunals.
Author : Chittharanjan Felix Amerasinghe
Publisher : Brill Nijhoff
Page : 536 pages
File Size : 54,5 Mb
Release : 2005
Category : Law
ISBN : STANFORD:36105064152437
The basic principles relating to the burden of proof, cooperation in the production of evidence as well as the standard of proof, among others, are examined by reference to worldwide international jurisprudence and policies.
Author : James Gerard Devaney
Publisher : Cambridge University Press
Page : 307 pages
File Size : 46,8 Mb
Release : 2016-09-29
Category : Law
ISBN : 9781107142213
A comprehensive study of the topical issue of fact-finding which makes realistic proposals to address the ICJ's problematic practice in this area.