International Law

Fact-Finding Before the International Court of Justice

By James Gerard Devaney
Cambridge University Press September 2016

Specifications

ISBN-13
9781107142213
Publisher
Cambridge University Press
Publication
September 2016
Format
Hardback
Jurisdiction
U.K. ? Countri(es) for reference only

Also available as

Details

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.

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Table of Contents

Introduction
1. Rules of evidence before the International Court of Justice
2. Criticisms of the Court's current reactive approach to fact-finding
3. The practice of other international courts and tribunals
4. Winds of change: the possibility of reform
5. A more proactive approach to fact-finding.
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