The Procedural Law Governing Facts and Evidence in International Human Rights Proceedings: Developing A Contextualized Approach to Address Recurring Problems in the Context of Facts and Evidence

Human Rights

The Procedural Law Governing Facts and Evidence in International Human Rights Proceedings: Developing A Contextualized Approach to Address Recurring Problems in the Context of Facts and Evidence

By Torsten Stirner
Brill Nijhoff July 2021

Specifications

ISBN-13
9789004463127
Publisher
Brill Nijhoff
Publication
July 2021
Format
Hardback
Jurisdiction
Netherlands ? Countri(es) for reference only

Details

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 and the UN Human Rights Committee. The book 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 rationalization within the contextualization premise and offers solutions for persisting procedural problems relating to questions of subsidiarity in fact-finding, burden and standard of proof, as well as the admissibility and evaluation of evidence.

Table of Contents

Chapter 1. Introduction
Chapter 2. Definitions and Procedural Concepts
Chapter 3. Parameters of the Procedural Frameworks of International Human Rights Institutions Framing the Law Relating to Facts and Evidence
Chapter 4. Subsidiarity and the Evidentiary Procedure
Chapter 5. Standard of Proof in International Human Rights Proceedings
Chapter 6. Allocation of the Persuasive Burden in International Human Rights Proceedings
Chapter 7. The Introduction of Facts and Evidence in the Proceedings of International Human Rights Institutions
Chapter 8. The Lack of Cooperation by the Respondent State
Chapter 9. The Admission of Evidence in Proceedings before Human Rights Institutions
Chapter 10. The Evaluation of Evidence by the Human Rights Institutions
Chapter 11. Rationalizing and Advancing the Law Governing Facts and Evidence on the Basis of a Sui-Generis, Contextualized Approach
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