Forms of evidence
The importance of evidence in legal proceedings can hardly be overestimated. Any lawyer knows that to win a case, good arguments are important but good evidence is crucial. However in legal scholarship, evidence is a difficult topic to tackle, for it requires lawyers to abandon pure legal discussions to engage with manifold scientific and technical considerations. The same holds true for international law. The literature on the role of evidence in international legal proceedings is slowly growing, in parallel with the expansion of the scholarship on international courts and tribunals (‘ICTs’) and with the growing technical and scientific complexity of international disputes (Kazazi, 1995; Amerasinghe, 2005; Foster, 2011; Riddell and Plant, 2009; Grando, 2009; Combs, 2010; Mbengue, 2011; Alvarez, 2011; Reisman and Skinner, 2014; Devaney, 2016; Boisson de Chazournes et al., 2018; Sourgens, Duggal, and Laird, 2018). Nonetheless the topic remains in many ways underexplored. This is particularly true for comparative studies across ICTs. A few scholars have tried to summarise common rules on evidence in international adjudication (Brown, 2009; Riddell,2014). Yet in many other aspects our understanding of evidence in international law remains limited. One aspect that has not been fully analysed by the existing literature is how evidence can be classified. While classification may seem like a trivial and inconsequential exercise, it can actually be important to answer many practical questions: Which kinds of evidence can be used before ICTs? Do all kinds of evidence bear the same weight? Do we need special rules for each of them? This entry addresses this underexplored topic by critically reviewing the “forms of evidence” that can be used before ICTs. Before proceeding, some clarifications are needed with respect to the object and scope of this entry. For this reason, section B begins by unearthing the origin and meaning of forms of evidence in the common law and civil law traditions. Section C continues by addressing the question of how, if at all, international law classifies evidence. To this end, the section first reviews the statutes and rules of procedures of the main contemporary ICTs. It then reflects on the practice of ICTs and on the scholarly writings. Section D continues the inquiry by asking what weight ICTs attribute to different kinds of evidence. Finally, this entry offers some conclusions in Section E
Year of publication: |
[2022]
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Authors: | Melillo, Margherita |
Publisher: |
[S.l.] : SSRN |
Description of contents: | Abstract [papers.ssrn.com] |
Saved in:
Extent: | 1 Online-Ressource |
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Series: | |
Type of publication: | Book / Working Paper |
Language: | English |
Notes: | Nach Informationen von SSRN wurde die ursprüngliche Fassung des Dokuments February 1, 2021 erstellt Volltext nicht verfügbar |
Source: | ECONIS - Online Catalogue of the ZBW |
Persistent link: https://www.econbiz.de/10013291168
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