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Proof and the Burden of Proof in International Investment Law

Proof and the Burden of Proof in International Investment Law

Proof and the Burden of Proof in International Investment Law

Author: Giulio Alvaro Cortesi
Publisher: Springer-Verlag
ISBN: 9783030963422
Published In: May 2022
Format: Hardback
Jurisdiction: Switzerland ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

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International investment arbitration has been dubbed the "Antarctica" of international procedural law. This book explores international investment arbitration (IIA) using the searchlight of comparative analysis. Further, it provides answers to several questions, such as the role of ICJ judgments and WTO decisions as a source of inspiration for how proof and the burden of proof are approached in IIA. By investigating various evidence-related issues, the book also sheds light on overarching questions including the role of IIA as a subsystem of international economic law.

Introduction

The Burden of Proof and its Exceptions

Presumptions

The Admissibility of Evidence

The Taking of Evidence

Evaluation of Evidence

The Standard of Proof

Conclusions

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