Evidence in international litigation / by Chittharanjan F. Amerasinghe.

Format:

Book

Author/Creator:

Amerasinghe, Chittharanjan Felix, 1933-

Language:

English

Subjects (All):

International courts.

Evidence (Law).

Actions and defenses.

Physical Description:

1 online resource (526 p.)

Edition:

1st ed.

Place of Publication:

Leiden ; Boston : Martinus Nijhoff, c2005.

Language Note:

English

Summary:

This book presents a well-defined analysis of the basic principles of evidence deriving them from the general rule of procedure requiring a "fair trial", which is a fundamental human right. 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. Specific practice in special situations of certain tribunals such as the ICJ and the ICTY, as well as other issues, such as the flexibility shown in dealing with differences in tribunal practice in relation to the applicable principles are discussed in considerable detail in the second section. This work will be of interest to practitioners involved in the current practice of these courts and tribunals as well as academics studying comparative and international law.

Contents:

Acknowledgement

Preface

Abbreviations

Table of Cases

Part I Introductory

Chapter

1 Scope of the Work, Methodology, The Basic Principle

Chapter 2 Sources of the Law and Areas of Application of General Principles

Chapter 3 Basic Elements of an International Judicial Proceeding

Chapter 4 Proof: Fact and Law

Part II General Principles

Chapter 5 The Principle Actori Incumbit Onus Probandi

Chapter 6 Obligation of Parties to Co-Operate

Chapter 7 Measures Taken by Tribunals to Effect Co-Operation

Chapter 8 Mechanics of Proof: Powers of Tribunals

Chapter 9 Admissibility of Evidence: Powers of Tribunals

Chapter 10 Evaluation of Evidence

Chapter 11 Presumptions and Inferences

Chapter 12 Standard of Proof

Part III Special Issues in Specific Tribunals

Chapter 13 Proof and Evidence before the ICJ: A Special Problem

Chapter 14 Special Problems Before International Administrative Tribunals

Chapter 15 Special Aspects of Evidence Before the ICTY

Chapter 16 Special Aspects of Evidence Before the Iran-US Claims Tribunal

Appendix Provisions Relating to Evidence

I. Provisions Pertaining to the ICJ

II. Rules of the UNAT, 1998

III. Rules of Procedure of the CJEC, 1991

IV. Rules of Court of the ECHR, 2002

V. Rules Pertaining to Arbitration

VI. Provisions Pertaining to the ICTY

Index.

Notes:

Description based upon print version of record.

Description based on print version record.

Includes bibliographical references and index.

ISBN:

1-280-86830-9

9786610868308

1-4294-5342-7

90-474-0777-6

1-4337-0408-0

OCLC:

476023885

Publisher Number:

10.1163/9789047407775 DOI