Evidence Before the International Court of Justice
British Institute of International and Comparative Law, 2009 - Law - 420 pages
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.
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advisory opinion advisory proceedings Albania allegations annexed appear application Article assessment Bosnia and Herzegovina boundary burden of proof Burkina Faso/Mali Cameroon v Nigeria Chamber claims common law conclusion considered contentious Continental Shelf Corfu Channel Court of Justice decision dispute Diss Op Judge Dissenting Opinion documentary evidence documents DRC v Uganda evaluation evidentiary example experts fact fact-finding factual Genocide Convention Gulf of Maine Hawar Islands Higgins Highet Honduras ibid ICJ Reports ICJ's ICTY inferences International Court international law international tribunals issue Judge ad hoc judgment jurisdiction Ligitan litigation maps Maritime matter Minquiers Nicaragua non-appearance noted Oil Platforms oral proceedings organizations paras parties Practice Direction Preah Vihear present President presumptions principle probative value procedure produced Qatar v Bahrain question relevant request responsibility Rosenne Sandifer satellite imagery Sep Op Judge South West Africa specific standard of proof statements Statute submitted territory testimony tion treaty United Nations Western Sahara witness