Author: James Gerard Devaney
Publisher: Cambridge University Press
Release Date: 2016-09-29
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.
Author: Anna Riddell
Publisher: British Inst of International & Comparative
Release Date: 2009
Some recent contentious issues about the use of evidence in cases before the International Court of Justice have highlighted the importance of fact-finding and the use of evidence before this Court. This major study on the issue of evidence before the International Court of Justice has examined all aspects of the Court's relationship with facts - in both contentious and advisory proceedings - from the recently refined procedure for submitting late evidence, to the hearing of live witness testimony in the Peace Palace. Considerations of flexibility and respect for the sovereignty of the State Parties before the Court have traditionally deterred the Court from constructing concrete rules on matters of evidence, but the increasing numbers of cases, in which a thorough consideration of the facts has been essential, has highlighted that some detailed procedural guidance is necessary in order to ensure a well-functioning system of adjudication. It is apparent that the Court has paid an increasing amount of attention to its evidentiary proceedings as a result, often encountering difficulties in the inherent tensions between the common and civil law traditions and thus a divergence of opinions on the Bench. This book examines the history and development of the treatment of evidence, including the early days of the Permanent Court of International Justice - the predecessor of the International Court of Justice - up to the recent Nicaragua v Honduras judgment, critically analyzing the Statute and Rules of the Court, dicta from judgments and separate and dissenting opinions, the newly developed Practice Directions, and academic writings on the subject. The book not only provides an academic discussion of the subject, but also acts as a guide to practitioners appearing before the Court.
Author: Shabtai Rosenne
Publisher: Martinus Nijhoff Publishers
Release Date: 2007-01
This volume collects papers written by Shabtai Rosenne in the course of his distinguished career on various topics, primarily in the areas in which he is best known for his expertise: international litigation and courts, the law of treaties, the law of the sea and state responsibility. His writing on fact-finding before the International Court of Justice, treaty succession, codification and the framework agreement as the basis for the jurisdiction of the ICJ in particular remain as interesting, timely and essential today as when they were first written. The collection is accompanied by a table of cases, a table of treaties and an index for easy reference.
Author: Juan José Quintana
Release Date: 2015-05-18
Litigation at the International Court of Justice provides a systematic guide to questions of procedure arising when States come before the International Court of Justice to take part in contentious litigation.
Author: Richard B. Lillich
Publisher: Hotei Publishing
Release Date: 1992-01-01
Genre: Arbitration (International law)
This volume is the seminal work on fact-finding and international tribunals. It addresses the many questions raised in recent cases before the International Court of Justice, the Iran-United States Claims Tribunal, the European Court of Justice, various international administrative tribunals, human rights courts, and commissions. Its 15 chapters, introduced by a perceptive essay by Judge Schwebel for the International Court of Justice, have been written by present or former members of such international bodies, leading lawyers who have appeared before them, and distinguished academic lawyers from the United States and abroad.
Author: Andreas Zimmermann
Publisher: Oxford University Press
Release Date: 2012-10-11
The International Court of Justice is the principal judicial organ of the United Nations. The composition of the ICJ, its jurisdiction, and procedure are based on the Statute of the International Court of Justice. This updated Commentary analyses the provisions of the Statute and the case law of the ICJ to guide its interpretation.
Author: Robert Kolb
Publisher: Bloomsbury Publishing
Release Date: 2013-08-30
Winner of the 2014 American Society of International Law Certificate of Merit for High Technical Craftsmanship and Utility to Practicing Lawyers and Scholars The International Court of Justice (in French, the Cour internationale de justice), also commonly known as the World Court or ICJ, is the oldest, most important and most famous judicial arm of the United Nations. Established by the United Nations Charter in 1945 and based in the Peace Palace in the Hague, the primary function of the Court is to adjudicate in disputes brought before it by states, and to provide authoritative, influential advisory opinions on matters referred to it by various international organisations, agencies and the UN General Assembly. This new work, by a leading academic authority on international law who also appears as an advocate before the Court, examines the Statute of the Court, its procedures, conventions and practices, in a way that will provide invaluable assistance to all international lawyers. The book covers matters such as: the composition of the Court and elections, the office and role of ad hoc judges, the significance of the occasional use of smaller Chambers, jurisdiction, the law applied, preliminary objections, the range of contentious disputes which may be submitted to the Court, the status of advisory opinions, relationship to the Security Council, applications to intervene, the status of judgments and remedies. Referring to a wealth of primary and secondary sources, this work provides international lawyers with a readable, comprehensive and authoritative work of reference which will greatly enhance understanding and knowledge of the ICJ. The book has been translated and lightly updated from the French original, R Kolb, La Cour international de Justice (Paris, Pedone, 2013), by Alan Perry, Solicitor of the Senior Courts of England and Wales.
Author: Stephen M. Schwebel
Publisher: Cambridge University Press
Release Date: 1994-06-09
Judge Stephen M. Schwebel has been a highly-respected member of the International Court of Justice since 1981. This volume brings together thirty-six of his legal articles and commentaries of continuing interest. He examines the performance and capacity of the International Court of Justice; aspects of international arbitration; problems of the United Nations; questions of international contracts and taking foreign property interests; and the development of international law, and in particular the central problem of the unlawful use of force.
Author: Nancy A. Combs
Publisher: Cambridge University Press
Release Date: 2010-07-30
Fact-Finding Without Facts explores international criminal fact-finding - empirically, conceptually, and normatively. After reviewing thousands of pages of transcripts from various international criminal tribunals, the author reveals that international criminal trials are beset by numerous and severe fact-finding impediments that substantially impair the tribunals' ability to determine who did what to whom. These fact-finding impediments have heretofore received virtually no publicity, let alone scholarly treatment, and they are deeply troubling not only because they raise grave concerns about the accuracy of the judgments currently being issued but because they can be expected to similarly impair the next generation of international trials that will be held at the International Criminal Court. After setting forth her empirical findings, the author considers their conceptual and normative implications. The author concludes that international criminal tribunals purport a fact-finding competence that they do not possess and, as a consequence, base their judgments on a less precise, more amorphous method of fact-finding than they publicly acknowledge.
This book discusses how fact-finding mechanisms for alleged violations of international human rights, humanitarian and criminal law can be improved. There has been a significant increase in the use of international, internationalised and domestic fact-finding mechanisms since 1992, including by the United Nations human rights system, international commissions of inquiry, truth and reconciliation commissions, and NGOs. They are analysed and assessed in detail by 19 authors under the common theme Quality Control in Fact-Finding . The authors include Richard J. Goldstone, Martin Scheinin, LIU Daqun, Charles Garraway, David Re, Simon De Smet, FAN Yuwen, Isabelle Lassee, WU Xiaodan, Dan Saxon, Chris Mahony, Dov Jacobs, Catherine Harwood, Lyal S. Sunga, Wolfgang Kaleck, Carolijn Terwindt, Ilia Utmelidze and Marina Aksenova. Serge Brammertz has written the Preface, and LING Yan a Foreword. The book emphasises quality awareness and improvement in non-criminal justice fact-work. This quality control approach recognises, inter alia, the importance of leadership in fact-finding mechanisms, the responsibility of individual fact-finders to continuously professionalise, and the need for fact-finders to be mandate-centred. It is an approach that invites the consideration of how the quality of every functional aspect of fact-finding can be improved, including work processes to identify, locate, obtain, verify, analyse, corroborate, summarise, synthesise, structure, organise, present, and disseminate facts. The book also considers regulatory approaches to enhance quality and professionalisation.
Author: Chantal Meloni
Publisher: Springer Science & Business Media
Release Date: 2012-03-16
The 'Goldstone Report' of September 2009 started a critical debate at the international level. The Report raised serious allegations of grave violations of international law with regard to the Israeli attack on Gaza of 27 December 2008 - 18 January 2009, amounting to possible war crimes and crimes against humanity. The UN General Assembly and the Human Rights Council, amidst high political pressure, endorsed the Report’s recommendations, calling for prompt and proper investigations to ensure accountability and justice for the victims. Given the lack of proper investigations at the national level, international justice mechanisms are now needed. Indeed, the ICC opened a preliminary examination of the situation but difficulties arose because of the uncertain status of the occupied Palestinian territory. The issue of the existence of a State of Palestine is extremely actual and still unsolved at the UN level. With a foreword by prof. William Schabas, the book collects contributions by renowned international law professors as Eric David, John Dugard, Richard Falk and many other distinguished scholars and lawyers, and brings together for the first time essential documentation on the 'Gaza conflict'. The underlying question, whether there is a court for Gaza, can be seen as a test case for international justice, and shed a light on the role of international institutions in the difficult combination of law and politics that connotes international justice. Useful for all those interested in the Israeli-Palestinian conflict, such as international and criminal law scholars, and human rights and humanitarian organizations.
Author: International Court of Justice
Publisher: United Nations Publications
Release Date: 2007-08-01
This publication contains bibliographical references relating to the International Court of Justice received by the Registry of the Court during the year 1999. The entries have been organised under a number of headings including: general writings on the Court, establishment of the international judicial system, organisation and jurisdiction of the Court, procedure and cases before the Court.
Author: Bertrand G. Ramcharan
Publisher: Martinus Nijhoff Publishers
Release Date: 2014-09-29
At the time of its original publication in 1982, this ground-breaking volume sought to identify fundamental norms and standards which could help to guarantee the quality and integrity of fact-finding reports. A lot has happened in human rights fact-finding since then. There are numerous human rights fact-finding rapporteurs within the United Nations system and within regional organizations; there are many international commissions of inquiry; international criminal tribunals have helped clarify various areas of the law; NGOs are extremely active in the field. Despite, or perhaps because of these developments, controversies over fact-finding reports are very common. A source of reference to help fact-finders strengthen their work is sorely needed, and this volume remains of inestimable value in that regard. The guidance it provides has stood the test of time and is as valuable today as it was when it was first advanced, arguably it is more valuable today when the need for objective standards of human rights fact-finding has become of urgent importance in a world in which the political ground is shifting visibly. The current volume is a re-issued version of the original text, with new introductory materials.
Author: Karim A. A. Khan
Publisher: Oxford University Press, USA
Release Date: 2010-01-01
Genre: Evidence (Law)
Principles of Evidence in International Criminal Justice provides an overview of the procedure and practice concerning the admission and evaluation of evidence before the international criminal tribunals. The book is both descriptive and critical and its emphasis is on day-to-day practice, drawing on the experience of the Yugoslavia, Rwanda and Sierra Leone Tribunals. This book is an attempt to define and explain the core principles and rules that have developed at those ad hoc Tribunals; the rationale and origin of those rules; and to assess the suitability of those rules in the particular context of the International Criminal Court which is still at its early stages. The ICC differs in structure from the ad hoc Tribunals and approaches the legal issues it has to resolve differently from its predecessors. The ICC is however confronted with many of the same questions. The book examines the differences between the ad hoc Tribunals and the ICC and seeks to offer insights as to how and in which circumstances the principles established over years of practice at the ICTY, ICTR and SCSL may serve as guidance to the ICC practitioners of today and the future. The contributors represent a cross-section of the practicing international criminal bar, drawn from the ranks of the Bench, the Prosecution and the Defence and bringing with them different legal domestic cultures. Their mixed background underlines the recurring theme in this book which is the manner in which a legal culture has gradually taken shape in the international Tribunals, drawing on the various traditions and experiences of its participants.
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.