Fact-finding before the International Court of Justice /

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Bibliographic Details
Author / Creator:Devaney, James Gerard, author.
Imprint:Cambridge : Cambridge University Press, 2016.
Description:1 online resource (xvii, 287 pages) : digital, PDF file(s).
Language:English
Subject:
Format: E-Resource Book
URL for this record:http://pi.lib.uchicago.edu/1001/cat/bib/12598120
Hidden Bibliographic Details
ISBN:9781316498972 (ebook)
9781107142213 (hardback)
9781316507025 (paperback)
Notes:Title from publisher's bibliographic system (viewed on 06 Sep 2016).
Summary:Fact-Finding before the International Court of Justice examines a number of significant recent criticisms of the way in which the ICJ deals with facts. The book takes the position that such criticisms are warranted and that the ICJ's current approach to fact-finding falls short of adequacy, both in cases involving abundant, particularly complex or technical facts, and in those involving a scarcity of facts. The author skilfully examines how other courts such as the WTO and inter-State arbitrations conduct fact-finding and makes a number of select proposals for reform, enabling the ICJ to address some of the current weaknesses in its approach. The proposals includes, but are not limited to, the development of a power to compel the disclosure of information, greater use of provisional measures, and a clear strategy for the use of expert evidence.
Other form:Print version: 9781107142213
Table of Contents:
  • Rules of evidence before the International court of Justice
  • Criticisms of the Court's current reactive approach to fact-finding
  • The practice of other international courts and tribunals
  • Winds of change: the possibility of reform
  • A more proactive approach to fact-finding.