Fact Finding Before International Tribunals

Author : James Gerard Devaney
Publisher : Cambridge University Press
ISBN 13 : 1316720896
Total Pages : 307 pages
Book Rating : 4.99/5 ( download)

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Download or read book Fact-Finding before the International Court of Justice written by James Gerard Devaney and published by Cambridge University Press. This book was released on 2016-09-29 with total page 307 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 : James Gerard Devaney
Publisher : Cambridge University Press
ISBN 13 : 1107142210
Total Pages : 307 pages
Book Rating : 4.13/5 ( download)

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Download or read book Fact-Finding before the International Court of Justice written by James Gerard Devaney and published by Cambridge University Press. This book was released on 2016-09-29 with total page 307 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comprehensive study of the topical issue of fact-finding which makes realistic proposals to address the ICJ's problematic practice in this area.

Author : Richard B. Lillich
Publisher :
ISBN 13 :
Total Pages : 368 pages
Book Rating : 4.82/5 ( download)

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Download or read book Fact-finding Before International Tribunals written by Richard B. Lillich and published by . This book was released on 1992 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Author : Anna Riddell
Publisher : British Institute for International & Comparative Law
ISBN 13 :
Total Pages : 458 pages
Book Rating : 4.76/5 ( download)

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Download or read book Evidence Before the International Court of Justice written by Anna Riddell and published by British Institute for International & Comparative Law. This book was released on 2009 with total page 458 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 : Nancy A. Combs
Publisher : Cambridge University Press
ISBN 13 : 1139489712
Total Pages : pages
Book Rating : 4.13/5 ( download)

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Download or read book Fact-Finding without Facts written by Nancy A. Combs and published by Cambridge University Press. This book was released on 2010-07-30 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Fact-Finding Without Facts explores international criminal fact-finding - empirically, conceptually, and normatively. After reviewing thousands of pages of transcripts from various international criminal tribunals, the author reveals that international criminal trials are beset by numerous and severe fact-finding impediments that substantially impair the tribunals' ability to determine who did what to whom. These fact-finding impediments have heretofore received virtually no publicity, let alone scholarly treatment, and they are deeply troubling not only because they raise grave concerns about the accuracy of the judgments currently being issued but because they can be expected to similarly impair the next generation of international trials that will be held at the International Criminal Court. After setting forth her empirical findings, the author considers their conceptual and normative implications. The author concludes that international criminal tribunals purport a fact-finding competence that they do not possess and, as a consequence, base their judgments on a less precise, more amorphous method of fact-finding than they publicly acknowledge.

Author : Richard B. Lillich
Publisher : Hotei Publishing
ISBN 13 : 9780941320719
Total Pages : 344 pages
Book Rating : 4.15/5 ( download)

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Download or read book Fact-finding Before International Tribunals written by Richard B. Lillich and published by Hotei Publishing. This book was released on 1992-01-01 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume is the seminal work on fact-finding and international tribunals. It addresses the many questions raised in recent cases before the International Court of Justice, the Iran-United States Claims Tribunal, the European Court of Justice, various international administrative tribunals, human rights courts, and commissions. Its 15 chapters, introduced by a perceptive essay by Judge Schwebel for the International Court of Justice, have been written by present or former members of such international bodies, leading lawyers who have appeared before them, and distinguished academic lawyers from the United States and abroad.

Author : Matthew Gillett
Publisher : Cambridge University Press
ISBN 13 : 131651269X
Total Pages : 405 pages
Book Rating : 4.92/5 ( download)

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Download or read book Prosecuting Environmental Harm before the International Criminal Court written by Matthew Gillett and published by Cambridge University Press. This book was released on 2022-05-19 with total page 405 pages. Available in PDF, EPUB and Kindle. Book excerpt: A novel and ground-breaking analysis of the prosecution of environmental harm before the International Criminal Court, addressing both the substance and procedure.

Author : Chester Brown
Publisher : Oxford University Press on Demand
ISBN 13 : 9780199206506
Total Pages : 303 pages
Book Rating : 4.03/5 ( download)

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Download or read book A Common Law of International Adjudication written by Chester Brown and published by Oxford University Press on Demand. This book was released on 2007 with total page 303 pages. Available in PDF, EPUB and Kindle. Book excerpt: Brown offers an examination of the jurisprudence of a range of international courts and tribunals relating to issues of procedure and remedies, and assessment whether there are emerging commonalities regarding these issues which could make up a unified law of international adjudication.

Author : Shabtai Rosenne
Publisher : BRILL
ISBN 13 : 9047421108
Total Pages : 700 pages
Book Rating : 4.08/5 ( download)

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Download or read book Essays on International Law and Practice written by Shabtai Rosenne and published by BRILL. This book was released on 2007-05-30 with total page 700 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume collects papers written by Shabtai Rosenne in the course of his distinguished career on various topics, primarily in the areas in which he is best known for his expertise: international litigation and courts, the law of treaties, the law of the sea and state responsibility. His writing on fact-finding before the International Court of Justice, treaty succession, codification and the framework agreement as the basis for the jurisdiction of the ICJ in particular remain as interesting, timely and essential today as when they were first written. The collection is accompanied by a table of cases, a table of treaties and an index for easy reference.

Author : Bertie G. Ramcharan
Publisher : BRILL
ISBN 13 : 9004482288
Total Pages : 269 pages
Book Rating : 4.89/5 ( download)

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Download or read book International Law and Fact-Finding in the Field of Human Rights written by Bertie G. Ramcharan and published by BRILL. This book was released on 2021-10-18 with total page 269 pages. Available in PDF, EPUB and Kindle. Book excerpt: