The Procedural Law Governing Facts and Evidence in International Human Rights Proceedings PDF Download
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Author: Torsten Stirner
Publisher:
ISBN: 9789004463127
Category : Evidence (Law)
Languages : en
Pages : 508
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Book Description
"This book provides a comparative assessment of the procedural law governing facts and evidence with references to over 900 judgments and decisions of the European and the Inter-American Court of Human Rights as well as the UN Human Rights Committee. It identifies underlying principles which govern the procedural law of these international human rights institutions"--
Author: Torsten Stirner
Publisher:
ISBN: 9789004463127
Category : Evidence (Law)
Languages : en
Pages : 508
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Book Description
"This book provides a comparative assessment of the procedural law governing facts and evidence with references to over 900 judgments and decisions of the European and the Inter-American Court of Human Rights as well as the UN Human Rights Committee. It identifies underlying principles which govern the procedural law of these international human rights institutions"--
Author: Torsten Stirner
Publisher: Martinus Nijhoff Publishers
ISBN: 9004463135
Category : Law
Languages : en
Pages : 520
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Book Description
This book provides a comparative assessment of the procedural law governing facts and evidence with references to over 900 judgments and decisions of the European and the Inter-American Court of Human Rights as well as the UN Human Rights Committee. It identifies underlying principles which govern the procedural law of these international human rights institutions. Based on the premise of a contextualized procedural law governing facts and evidence, the book analyzes where current approaches lack a foundation in the contextualization premise and offers solutions for recurring procedural problems relating to questions of subsidiarity in fact-finding, burden and standard of proof, as well as the admissibility and evaluation of evidence.
Author: Jeffrey Waincymer
Publisher: Kluwer Law International B.V.
ISBN: 9041140670
Category : Law
Languages : en
Pages : 1363
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Book Description
Central to the book’s purpose is the procedural challenge facing arbitrators at each and every stage of the arbitral process when fairness arguments conflict with efficiency concerns and trade-offs must be determined. Some key themes include how can a tribunal be fair, and in particular be neutral, if parties are so diverse? How can arbitration be made efficient and cost-effective without undue inroads into fairness and accuracy? How does a tribunal do what is best if the parties are choosing a suboptimal process? When can or must an arbitrator ignore procedural choices made by the parties? The author thoroughly evaluates competing arguments and adds his own practical tips, expertly synthesizing and engaging with the conference literature and differing authors’ views. He identifies criteria that offer a harmonized approach to each stage of the arbitral process, with particular attention to such aspects of international arbitration as: appropriate trade-offs between flexibility and certainty; the rights, duties and powers of arbitrators; appointment and challenge of arbitrators; responses to ‘guerilla’ tactics; drafting of arbitration agreements, including specialty clauses; drafting of required commencement notices and response documents; set-off; fast track arbitration and other efficiency options; strategic use of preliminary conferences and timetabling; online arbitration; multi-party, multi-contract, class arbitration; amicus and third party funders; pre-arbitral referees and interim relief; witness evidence, both factual and expert; documentary evidence, production obligations, and challenges to production; identifying applicable law; and remedies and costs.
Author: Andreas Zimmermann
Publisher: OUP Oxford
ISBN: 0191632538
Category : Law
Languages : en
Pages : 1798
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Book Description
The International Court of Justice 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 second 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. Five years after the first edition was published, the second 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 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 three scene-setting chapters: Historical Introduction, General Principles of Procedural Law, and Discontinuation and Withdrawal. The second edition of the Commentary adds two important and instructive chapters on Counter-Claims and Evidentiary Issues. The combination of expert editors and commentators, and their assessment of new developments in the important work of the ICJ, make this a landmark publication in the field of international law.
Author: United States. Department of Justice
Publisher:
ISBN:
Category : Justice, Administration of
Languages : en
Pages : 720
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Book Description
Author: Jeremy McBride
Publisher: Council of Europe
ISBN: 928718741X
Category : Political Science
Languages : en
Pages : 529
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Book Description
A practical tool for legal professionals who wish to strengthen their skills in applying the European Convention on Human Rights and the case law of the European Court of Human Rights in their daily work This is the second and expanded edition of a handbook intended to assist judges, lawyers and prosecutors in taking account of the requirements of the European Convention on Human Rights and its Protocols (“the European Convention”) – and more particularly of the case law of the European Court of Human Rights – when interpreting and applying codes of criminal procedure and comparable or related legislation. It does so by providing extracts from key rulings of the European Court and the former European Commission of Human Rights that have determined applications complaining about one or more violations of the European Convention in the course of the investigation, prosecution and trial of alleged offences, as well as in the course of appellate and various other proceedings linked to the criminal process.
Author: Mark Eugen Villiger
Publisher: BRILL
ISBN: 9004443835
Category : Law
Languages : en
Pages : 771
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Book Description
In clear and concise words, this Handbook offers a comprehensive and up-to-date overview of the European Convention and the European Court of Human Rights and its case-law. Numerous cross-references guide the reader through the various topics. Various summaries condense the different principles of the Court’s case-law. With a Foreword by Judge Robert Spano, President of the European Court of Human Rights.
Author: Paul Roberts
Publisher: Bloomsbury Publishing
ISBN: 1847319467
Category : Law
Languages : en
Pages : 308
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Book Description
Criminal procedure in the common law world is being recast in the image of human rights. The cumulative impact of human rights laws, both international and domestic, presages a revolution in common law procedural traditions. Comprising 16 essays plus the editors' thematic introduction, this volume explores various aspects of the 'human rights revolution' in criminal evidence and procedure in Australia, Canada, England and Wales, Hong Kong, Malaysia, New Zealand, Northern Ireland, the Republic of Ireland, Singapore, Scotland, South Africa and the USA. The contributors provide expert evaluations of their own domestic law and practice with frequent reference to comparative experiences in other jurisdictions. Some essays focus on specific topics, such as evidence obtained by torture, the presumption of innocence, hearsay, the privilege against self-incrimination, and 'rape shield' laws. Others seek to draw more general lessons about the context of law reform, the epistemic demands of the right to a fair trial, the domestic impact of supra-national legal standards (especially the ECHR), and the scope for reimagining common law procedures through the medium of human rights. This edited collection showcases the latest theoretically informed, methodologically astute and doctrinally rigorous scholarship in criminal procedure and evidence, human rights and comparative law, and will be a major addition to the literature in all of these fields.
Author: C. H. van Rhee
Publisher:
ISBN: 9781780683386
Category : Civil procedure
Languages : en
Pages : 0
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Book Description
Since the start of the new millennium, many contemporary legal jurisdictions have been revisiting the fundamental principles of their civil procedures. Even the core areas of the civil process are not left untouched, including the way in which evidence is introduced, collected, and presented in court. In the field of evidence taking, one generator of the reforms has been slow and inefficient litigation. Both in Europe and globally, reaching a balance between the demands of factual accuracy and the need to adjudicate disputes in a swift, cost-effective, and efficient way is still one of the key challenges. Another reason why many countries are reforming their law of evidence is related to cultural and technological changes in modern societies. Traditional human rights (such as the right to privacy and due process) is shifting. The modern need for security, efficiency, and quick access to justice, along with the perception of what is admissible or not in the context of evidence taking, is changing as well. In the same sense, the fast pace of modern life commands different practices of fact-finding, accompanied by new methods of selection of evidence that are appropriate for this purpose. Last but not least, the overwhelming penetration of new technologies into all spheres of public and private life has the capacity to dramatically change the methods of the collection and presentation of evidence. Exploring these issues, contributors to this book reflect on how these trends affect the situation in their countries and present their views on further developments, both nationally and in comparison with the developments in other countries and regions. A further goal is to inquire whether, in spite of national differences that are still dominant, the approaches to civil evidence are converging, and whether reforms affecting fact-finding have a chance of leading to some forms of harmonization. (Series: Ius Commuen Europaeum - Vol. 139) Subject: Legal Procedure, Civil Law, Comparative Law]
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.
