Fact-Finding before the International Court of Justice
Book Details
Format
Hardback or Cased Book
ISBN-10
1107142210
ISBN-13
9781107142213
Publisher
Cambridge University Press
Imprint
Cambridge University Press
Country of Manufacture
GB
Country of Publication
GB
Publication Date
Sep 29th, 2016
Print length
306 Pages
Weight
59 grams
Dimensions
16.20 x 28.00 x 2.50 cms
Product Classification:
International relationsPublic international lawCriminal procedure
Ksh 19,600.00
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The International Court of Justice's handling of evidence in recent cases has prompted significant criticism both from international legal scholarship and from within the Court itself. Fact-Finding before the International Court of Justice assesses the merits of those criticisms and, drawing on the practice of other international courts, makes bold but practical proposals for reform.
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 include, 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.
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