Burden Of Proof And Related Issues
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Burden Of Proof And Related Issues
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Author : Mojtaba Kazazi
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 1996
Burden Of Proof And Related Issues written by Mojtaba Kazazi and has been published by Martinus Nijhoff Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 1996 with Law categories.
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Burden Of Proof And Related Issues
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Author : Mojtaba Kazazi
language : en
Publisher: BRILL
Release Date : 2023-07-24
Burden Of Proof And Related Issues written by Mojtaba Kazazi and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-07-24 with Law categories.
This study on evidence before international tribunals, with an emphasis on the burden of proof, is one of the more important and interesting issues of evidence under both municipal and international law. The study is mainly based on documented cases and special attention is paid to the case law of the Iran-United States Claims Tribunal in the Hague. The study is divided into three parts. Part One presents the preliminary issues concerning the concept of the burden of proof and the burden of evidence, as well as the nature and scope of the burden of proof. Part Two discusses the main aspects of the burden of proof, identified by considering the fact that there are three main actors in each litigated case, viz. the claimant, the respondent and the judge or arbitrator. Different chapters are allocated to: the claimant's role in bearing the main task with respect to the burden of proof; general aspects of collaboration of parties in matters of evidence; and the authority and duties of international tribunals with respect to the burden of proof. Part Two ends with a chapter on the rules of the burden of proof and a discussion on whether or not there are any such rules that could be considered as principles of international law. Some related issues are discussed in Part Three. Among the items considered are presumptions and the effect that they may have on the burden of proof; practical aspects of the collaboration of parties; the issue of possible sanctions against non-production of evidence; and the question of the standard of proof to be applied in international proceedings and the discretion of international tribunals in that regard. The study ends with a concluding chapter. As noted by Professor Verhoeven in his foreword, the subtleties of evidence in international proceedings has not been systematically studied for a number of decades. The book will become a standard work of reference in the area. Audience: An invaluable tool for practitioners of international law and Government advisors as well as university professors and students of law. The long experience of the author as a judge in a civil law system, his intimate knowledge of the work of the Iran-United States Claims Tribunal in The Hague, and currently with the United Nations (Security Council) Compensation Commission for Claims against Iraq have made him eminently well equipped to address the subject competently, both from a theoretical and practical perspective.
Evidence Before International Tribunals
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Author : Durward Valdamir Sandifer
language : en
Publisher: Charlottesville : University Press of Virginia
Release Date : 1975
Evidence Before International Tribunals written by Durward Valdamir Sandifer and has been published by Charlottesville : University Press of Virginia this book supported file pdf, txt, epub, kindle and other format this book has been release on 1975 with Law categories.
This study is based on an examination of all available records in the field of evidence from the 18th century to date. Acid-free reprint of University of Virginia Press, 1975. Distributed by William S. Hein & Co., Inc.
The Procedural Law Governing Facts And Evidence In International Human Rights Proceedings
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Author : Torsten Stirner
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 2021-07-15
The Procedural Law Governing Facts And Evidence In International Human Rights Proceedings written by Torsten Stirner and has been published by Martinus Nijhoff Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-07-15 with Law categories.
This book provides a comparative assessment of the procedural law governing facts and evidence with references to over 900 judgments and decisions of the European and the Inter-American Court of Human Rights as well as the UN Human Rights Committee. It identifies underlying principles which govern the procedural law of these international human rights institutions. Based on the premise of a contextualized procedural law governing facts and evidence, the book analyzes where current approaches lack a foundation in the contextualization premise and offers solutions for recurring procedural problems relating to questions of subsidiarity in fact-finding, burden and standard of proof, as well as the admissibility and evaluation of evidence.
The Burden Of Proof In Comparative And International Human Rights Law
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Author : Juliane Kokott
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 1998-03-31
The Burden Of Proof In Comparative And International Human Rights Law written by Juliane Kokott and has been published by Martinus Nijhoff Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 1998-03-31 with Political Science categories.
Aa) A Civil Law Rule?.
International Adjudication
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Author : V. S. Mani
language : en
Publisher: Brill Archive
Release Date : 1980
International Adjudication written by V. S. Mani and has been published by Brill Archive this book supported file pdf, txt, epub, kindle and other format this book has been release on 1980 with Law categories.
The Function Of Equity In International Law
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Author : Catharine Titi
language : en
Publisher: Oxford University Press
Release Date : 2021
The Function Of Equity In International Law written by Catharine Titi and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021 with Law categories.
Drawing on a large and varied body of judicial and arbitral case law, this book provides a comprehensive, original, and up-to-date account of the role of equity in international law.
Burden Of Proof 2e
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Author : Mark Crossman
language : en
Publisher: Custom Publishing Company
Release Date : 2005-08
Burden Of Proof 2e written by Mark Crossman and has been published by Custom Publishing Company this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005-08 with Debates and debating categories.
Mark Crossman's text introduces students to argumentation theories associated with testing arguments and reasoning, and encourages the use of these tests of arguments during debating. The text describes the theories and practices associated with NPDA style parliamentary debate, and provides an overview of the basics of ?parli? debate. Burden of Proof includes chapters focusing on the following areas: the stock issues associated with arguing propositions of fact, value, and policy; refutation and the strategic considerations pertaining to the duties of the various speakers in a debate; and hints for overcoming anxiety to optimize effective delivery. The text also provides an overview of forensics (competitive speaking) and describes each of the major competitive events and tournament procedures. Written for students in Argumentation and Debate, Burden of Proof could also be used in any course featuring forensics.
The Burdens Of Proof
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Author : Dale A. Nance
language : en
Publisher: Cambridge University Press
Release Date : 2016-03-11
The Burdens Of Proof written by Dale A. Nance and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-03-11 with Law categories.
This book explores contemporary thinking on the evidential requirements that are critical for practical decision-making.
The Burden Of Proof In Comparative And International Human Rights Law
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Author : Juliane Kokott
language : en
Publisher: BRILL
Release Date : 2023-12-28
The Burden Of Proof In Comparative And International Human Rights Law written by Juliane Kokott and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-12-28 with Law categories.
This book explores how courts decide, or ought to decide, in situations of uncertainty. A Court must always decide the case before it, even if the relevant facts remain unclear. The question then arises which party benefits and which party is burdened by that uncertainty. In these cases, the Court must apply the rules on the burden of proof or, more precisely, the burden of persuasion. Their importance for the individual claimant is obvious. The comparison of two domestic systems (one based on common law and the other a traditional code-based legal order) with regard to the issue of burden of proof helps to clarify the terminology and lays the ground for dealing with the burden of proof in international human rights law. Without knowing what can be understood by the term `burden of proof' under domestic law, international lawyers with different domestic law backgrounds are in danger of misunderstanding each other. This may lead to obscuring the problems connected with court decisions involving uncertainty. The study also deals with uncertainties with regard to legislative (general) in contrast to adjudicative (individual) facts and with uncertainties in the framework of predictions in contrast to uncertainties relating to historic facts. It attempts to prepare the ground for dealing more consciously and more consistently with problems of uncertainty in international human rights law. International courts, due to their geographical and cultural distance from the case, usually have less access to the underlying facts. Nevertheless, in order to protect human rights effectively, international courts and tribunals cannot always restrict themselves to reviewing the law, but may also have to decide on the facts. Thus issues relating to decision-making on the basis of uncertain facts, including the burden of persuasion, are even more important in international than in domestic human rights law.