Proof and the Burden of Proof in International Investment Law

Securities

Proof and the Burden of Proof in International Investment Law

By Giulio Alvaro Cortesi
Springer-Verlag May 2022

Specifications

ISBN-13
9783030963422
Publisher
Springer-Verlag
Publication
May 2022
Format
Hardback
Jurisdiction
Switzerland ? Countri(es) for reference only

Details

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.

Table of Contents

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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