Fact-finding before the International Court of Justice / James Gerard Devaney, University of Glasgow.

Format:

Book

Author/Creator:

Devaney, James Gerard, author.

Language:

English

Subjects (All):

International Court of Justice--Rules and practice.

International Court of Justice.

Evidence, Criminal (International law).

Criminal investigation (International law).

International law and human rights.

Parliamentary practice.

Physical Description:

1 online resource (xvii, 287 pages) : digital, PDF file(s)

Place of Publication:

Cambridge : Cambridge University Press, 2016.

System Details:

text file

PDF

Summary:

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 includes, 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.

Contents:

Rules of evidence before the International court of Justice

Criticisms of the Court's current reactive approach to fact-finding

The practice of other international courts and tribunals

Winds of change: the possibility of reform

A more proactive approach to fact-finding.

Notes:

Title from publisher's bibliographic system (viewed on 06 Sep 2016).

Other Format:

Print version:

ISBN:

9781316498972

Access Restriction:

Restricted for use by site license.