Evidence in International Litigation

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.

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Biographical Note

C.F.Amerasinghe is a Ph.D.and LL.D. of the University of Cambridge and is a Member of the Institut de droit international. He was a member of the UN Administrative Tribunal, New York and a member of the Commonwealth Secretariat Arbitral Tribunal. He has also been, inter alia, a Professor and Honorary Professor of Law of the University of Ceylon.

Review Quotes

' This work will be of interest to pracitioners involved in the current practice of these courts as well as to academics engaged in comparative as well as international legal research.' Dr. Stefano Maffei, International Litigation ' The author, distinguished for his academic standing in the University of Sri Lanka and for his official duties as Executive Secretary of the world Bank Administrative Tribunal and later as a member of the UN Administrative Tribunal, is certainly well qualified to study major problems of the contemporary international system of courts and tribunals and their functioning.' The Law and Practice of International Courts and Tribunals (2005).

Table of 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.

Readership

Practising international lawyers, graduate and research students of international law, teachers of international law at the graduate level or in US law schools, those interested in comparative law and university law, and university law school libraries and professional law libraries.

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