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Books > Law > International law > Public international law
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Fact-Finding before the International Court of Justice (Hardcover)
Loot Price: R2,933
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Fact-Finding before the International Court of Justice (Hardcover)
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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.
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