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9 - Fact-Finding and Expert Evidence

from Part II - The ICJ and International Dispute Settlement

Published online by Cambridge University Press:  18 May 2023

By
James Devaney
Edited by
Carlos Espósito  and
Kate Parlett
Carlos Espósito
Affiliation:
Universidad Autónoma de Madrid
Kate Parlett
Affiliation:
Twenty Essex, London
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Summary

This chapter on fact-finding and expert evidence considers how the Court has treated competing evidentiary claims, and how it engages in a fact-finding process, looking at the evolution of the Court’s process in this regard. The author evaluates the significant criticism that has been directed against the Court in respect of its approach to fact-finding and the ways in which the Court has begun to address those criticisms.

Keywords

fact-findingexpertsevidenceparty autonomyadmissibility of evidenceburden of proofstandard of prooffact-assessment processproper administration of justice
Type
Chapter
Information
The Cambridge Companion to the International Court of Justice , pp. 187 - 207
Publisher: Cambridge University Press
Print publication year: 2023

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References

Further Reading

Benzing, M., ‘Evidentiary Issues’ in Zimmermann, A. et al. (eds.) The Statute of the International Court of Justice: A Commentary (Oxford University Press, 2019) 1377.Google Scholar
Devaney, J. G., Fact-Finding before the International Court of Justice (Cambridge University Press 2016).Google Scholar
Devaney, J. G. ‘Reappraising the Role of Experts in Recent Cases before the International Court of Justice’, Germ Yearrbook Intl L 62 (2019) 337.CrossRefGoogle Scholar
Del Mar, K., ‘The International Court of Justice and Standards of Proof’, in Bannelier, et al. (eds.), The ICJ and the Evolution of International Law (Routledge, 2012) 99.Google Scholar
Kolb, R., ‘General Principles of Procedural Law’, in Zimmermann, A. et al. (ed.) The Statute of the International Court of Justice: A Commentary (3rd ed., Oxford University Press, 2019) 977.Google Scholar
Malintoppi, L., ‘Fact Finding and Evidence before the International Court of Justice (Notably in Scientific-Related Disputes)’ 9 JIDS (2018) 421.Google Scholar
Mbengue, M., ‘International Courts and Tribunals as Fact-Finders: The Case of Scientific Fact-Finding in International Adjudication’ 34 Loy. L. A. Int’l & Comp. L. Rev (2012) 53–80 at 53–54.Google Scholar
Parlett, K., ‘Parties’ Engagement with Experts in International Litigation’ 9 JIDS (2018) 440.Google Scholar
Peat, D., ‘The Use of Court: Appointed Experts by the International Court of Justice’ 84 BYBIL (2014) 271.Google Scholar
Plant, B., ‘Expert Evidence and the Challenge of Procedural Reform in International Dispute Settlement’ 9 JIDS (2018) 464.Google Scholar
Riddell, A. and Plant, B., Evidence before the International Court of Justice (British Institute of International and Comparative Law 2009).Google Scholar

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