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Evidence in International Litigation
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ISBN: 1280868309 9786610868308 1429453427 9047407776 1433704080 9781429453424 9004144498 9789004144491 9781280868306 6610868301 9789047407775 9781433704086 Year: 2005 Publisher: Leiden; Boston : Brill | Nijhoff,

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Abstract

This book presents a well-defined analysis of the basic principles of evidence deriving them from the general rule of procedure requiring a "fair trial", which is a fundamental human right. The basic principles relating to the burden of proof, cooperation in the production of evidence as well as the standard of proof, among others, are examined by reference to worldwide international jurisprudence and policies. Specific practice in special situations of certain tribunals such as the ICJ and the ICTY, as well as other issues, such as the flexibility shown in dealing with differences in tribunal practice in relation to the applicable principles are discussed in considerable detail in the second section. This work will be of interest to practitioners involved in the current practice of these courts and tribunals as well as academics studying comparative and international law.

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