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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.
|Ch. 1||Scope of the work, methodology, the basic principle||3|
|Ch. 2||Sources of the law and areas of application of general principles||21|
|Ch. 3||Basic elements of an international judicial proceeding||31|
|Ch. 4||Proof : fact and law||50|
|Ch. 5||The principle actori incumbit onus probandi||61|
|Ch. 6||Obligation of parties to co-operate||96|
|Ch. 7||Measures taken by tribunals to effect co-operation||118|
|Ch. 8||Mechanics of proof : powers of tribunals||147|
|Ch. 9||Admissibility of evidence : powers of tribunals||163|
|Ch. 10||Evaluation of evidence||185|
|Ch. 11||Presumptions and inferences||211|
|Ch. 12||Standard of proof||232|
|Ch. 13||Proof and evidence before the ICJ : a special problem||265|
|Ch. 14||Special problems before international administrative tribunals||280|
|Ch. 15||Special aspects of evidence before the ICTY||315|
|Ch. 16||Special aspects of evidence before the Iran-US claims tribunal||365|