Fact-Finding before the International Court of Justice (Paperback)

James Gerard Devaney

ISBN 10: 1316507025 / ISBN 13: 9781316507025

Published by Cambridge University Press, Cambridge, 2018

Paperback. 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 include, 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. The International Court of Justice's handling of evidence in recent cases has prompted significant criticism both from international legal scholarship and from within the Court itself. Fact-Finding before the International Court of Justice assesses the merits of those criticisms and, drawing on the practice of other international courts, makes bold but practical proposals for reform. This item is printed on demand. Shipping may be from our Sydney, NSW warehouse or from our UK or US warehouse, depending on stock availability. Seller Inventory # 9781316507025

Synopsis:

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 include, 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.

About the Author: James Gerard Devaney holds a Ph.D. from the European University Institute in Florence, Italy. His doctoral research focused on international courts and tribunals, but he has published on a wide range of areas of international law, including state immunity, genocide, self-defence and the use of force, the law of the sea, and state succession to treaties. He currently teaches at the University of Glasgow.

Bibliographic Details

Title: Fact-Finding before the International Court ...
Publisher: Cambridge University Press, Cambridge
Publication Date: 2018
Binding: Paperback
Condition: new