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Author: Daniel Peat
Publisher:
ISBN:
Category :
Languages : en
Pages : 36
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Book Description
Faced with increasingly complex cases, the International Court of Justice has come under criticism for failing to appoint neutral experts to assist the Court under Article 50 of its Statute. After examining the limited use of court-appointed experts by the ICJ and its predecessor, the Permanent Court of International Justice, this article argues that increased recourse to expert knowledge under Article 50 would result in a delegation of the judicial function to unaccountable experts. Acknowledging the demands of technically complex cases, the article evaluates three different methods adopted by other international tribunals, under the auspices of the WTO, ECJ, UNCC, WIPO, UNCLOS and PRIME Finance. Considering the institutional specificities of the ICJ, the article concludes by advocating the adoption of a new form of pre-trial procedure involving co-operation with specialist international organisations: this could be accomplished under an amended version of the Rules, which would limit provision for expert consultation to that necessary to determine the facts pertinent to the selection and application of the rules of law necessary for the Court to perform its function in the case at hand.
Author: Daniel Peat
Publisher:
ISBN:
Category :
Languages : en
Pages : 36
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Book Description
Faced with increasingly complex cases, the International Court of Justice has come under criticism for failing to appoint neutral experts to assist the Court under Article 50 of its Statute. After examining the limited use of court-appointed experts by the ICJ and its predecessor, the Permanent Court of International Justice, this article argues that increased recourse to expert knowledge under Article 50 would result in a delegation of the judicial function to unaccountable experts. Acknowledging the demands of technically complex cases, the article evaluates three different methods adopted by other international tribunals, under the auspices of the WTO, ECJ, UNCC, WIPO, UNCLOS and PRIME Finance. Considering the institutional specificities of the ICJ, the article concludes by advocating the adoption of a new form of pre-trial procedure involving co-operation with specialist international organisations: this could be accomplished under an amended version of the Rules, which would limit provision for expert consultation to that necessary to determine the facts pertinent to the selection and application of the rules of law necessary for the Court to perform its function in the case at hand.
Author: James Gerard Devaney
Publisher: Cambridge University Press
ISBN: 1107142210
Category : Law
Languages : en
Pages : 307
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Book Description
A comprehensive study of the topical issue of fact-finding which makes realistic proposals to address the ICJ's problematic practice in this area.
Author: Caroline E. Foster
Publisher: Cambridge University Press
ISBN: 9781107669031
Category : Law
Languages : en
Pages : 0
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Book Description
By canvassing a range of international scientific disputes, including the EC-Biotech and EC-Hormones disputes in the WTO, the Case concerning Pulp Mills and the Gabcíkovo-Nagymaros case in the International Court of Justice, and the Mox Plant and Land Reclamation cases dealt with under the United Nations Convention on the Law of the Sea, Caroline Foster examines how the precautionary principle can be accommodated within the rules about proof and evidence and advises on the boundary emerging between the roles of experts and tribunals. A new form of reassessment proceedings for use in exceptional cases is proposed. Breaking new ground, this book seeks to advance international adjudicatory practice by contextualizing developments in the taking of expert evidence and analyzing the justification of and potential techniques for a precautionary reversal of the burden of proof, as well as methods for dealing with important scientific discoveries subsequent to judgments and awards.
Author: American Bar Association. House of Delegates
Publisher: American Bar Association
ISBN: 9781590318737
Category : Law
Languages : en
Pages : 216
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Book Description
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Author: Carlos Espósito
Publisher: Cambridge University Press
ISBN: 1108487254
Category : Law
Languages : en
Pages : 549
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Book Description
With perspectives from a diverse range of practitioners and scholars, this collection is a readable, in-depth study of the role of the International Court of Justice, its practice, and the impact of its jurisprudence.
Author:
Publisher:
ISBN:
Category : Evidence, Expert
Languages : en
Pages : 652
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Book Description
Author: Andreas Zimmermann
Publisher: Oxford University Press
ISBN: 0192546481
Category : Law
Languages : en
Pages : 1920
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Book Description
This landmark publication in the field of international law delivers expert assessment of new developments in the important work of the International Court of Justice (ICJ) from a team of renowned editors and commentators.The ICJ is the principal judicial organ of the United Nations and plays a central role in both the peaceful settlement of international disputes and the development of international law. This comprehensive Commentary on the Statute of the International Court of Justice, now in its third edition, analyses in detail not only the Statute of the Court itself but also the related provisions of the United Nations Charter as well as the relevant provisions of the Court's Rules of Procedure. Six years after the publication of the second edition, the third edition of the Commentary embraces current events before the International Court of Justice as well as before other courts and tribunals relevant for the interpretation and application of its Statute.The Commentary provides a comprehensive overview and analysis of all legal questions and issues the Court has had to address in the past, and looks forward to those it will have to address in the future. It illuminates the central issues of procedure and substance that the Court and counsel appearing before it face in their day-to-day work. In addition to commentary covering all of the articles of the Statute of the ICJ, plus the relevant articles of the Charter of the United Nations, the book includes two scene-setting chapters: Historical Introduction and General Principles of Procedural Law, as well as important and instructive chapters on Counter-Claims, Discontinuation and Withdrawal, and Evidentiary Issues.
Author: Theresa Squatrito
Publisher: Cambridge University Press
ISBN: 1108425690
Category : Law
Languages : en
Pages : 471
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Book Description
Explores the contributions of international courts and tribunals in terms of performance by offering a comparative analysis of international courts.
Author: Christian Tams
Publisher: Bloomsbury Publishing
ISBN: 1849467587
Category : Law
Languages : en
Pages : 612
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Book Description
The 1948 UN Convention on the Prevention and Punishment of the Crime of Genocide (Genocide Convention) has a special standing in international law and international politics. For 60 years, the crime of genocide has been recognised as the most horrendous crime in international law, famously designated the 'crime of crimes'. On the occasion of the 60th anniversary of its adoption the UN High Commissioner for Human Rights stated that 'genocide is the ultimate form of discrimination'. In the same context the chief prosecutor of the International Criminal Court described the Genocide Convention as a 'visionary and founding text for the Court'. The Convention has as such influenced the subsequent development of many different areas of international law. For example, the 1951 Advisory Opinion on the Genocide Convention enabled the International Court of Justice to shape the modern regime of reservations to treaties. More recently, the prohibition against genocide has become a crucial pillar of the regime of international criminal law developing since the 1990s, with genocide being one of the core crimes falling under the jurisdiction of the UN ad hoc tribunals, the Extraordinary Chambers in the Courts of Cambodia and the permanent International Criminal Court.In this work the 19 provisions of the Convention are analysed article-by-article, with abundant references to state practice and case law.
Author: Great Britain: Law Commission
Publisher: The Stationery Office
ISBN: 9780102971170
Category : Law
Languages : en
Pages : 224
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Book Description
This project addressed the admissibility of expert evidence in criminal proceedings in England and Wales. Currently, too much expert opinion evidence is admitted without adequate scrutiny because no clear test is being applied to determine whether the evidence is sufficiently reliable to be admitted. Juries may therefore be reaching conclusions on the basis of unreliable evidence, as confirmed by a number of miscarriages of justice in recent years. Following consultation on a discussion paper (LCCP 190, 2009, ISDBN 9780118404655) the Commission recommends that there should be a new reliability-based admissibility test for expert evidence in criminal proceedings. The test would not need to be applied routinely or unnecessarily, but it would be applied in appropriate cases and it would result in the exclusion of unreliable expert opinion evidence. Under the test, expert opinion evidence would not be admitted unless it was adjudged to be sufficiently reliable to go before a jury. The draft Criminal Evidence (Experts) Bill published with the report (as Appendix A) sets out the admissibility test and also provides the guidance judges would need when applying the test, setting out the key reasons why an expert's opinion evidence might be unreliable. The Bill also codifies (with slight modifications) the uncontroversial aspects of the present law, so that all the admissibility requirements for expert evidence would be set out in a single Act of Parliament and carry equal authority.
