The Resource The law and practice of fact-finding before the International Court of Justice, James Gerard Devaney

The law and practice of fact-finding before the International Court of Justice, James Gerard Devaney

Label
The law and practice of fact-finding before the International Court of Justice
Title
The law and practice of fact-finding before the International Court of Justice
Statement of responsibility
James Gerard Devaney
Creator
Contributor
Subject
Genre
Language
eng
Summary
This thesis takes as its starting point a number of significant recent criticisms of the way in which the International Court of Justice (the Court) deals with facts. After examining the Court's substantial fact-finding powers as set out in its Statute and Rules, it is noted that the Court has not made significant use of the fact-finding powers that it possesses, instead preferring to take a reactive approach to fact-finding. It is this reactive approach, largely relying on the parties to put evidence before the Court, which is the subject of recent criticisms both from within the Court itself and from international legal scholarship. Having assessed the merits of these arguments, the thesis takes the position that such criticisms are indeed warranted and that the Court's reactive approach to fact-finding falls short of adequacy both in cases involving abundant, particularly complex or technical facts and in those cases involving a scarcity of facts, such as cases of non-appearance. Subsequently, the thesis undertakes a comparative exercise in order to examine how other relevant inter-state tribunals conduct fact-finding. Drawing on the practice of other tribunals, namely the adjudicative bodies of the World Trade Organization and a number of recent inter-state arbitrations, the thesis then makes a number of select proposals for reform which, it is argued, will enable the Court to address some of the current weaknesses in its approach to fact-finding and better ensure factual determinations that are as accurate as they can possibly be within the judicial process. Such 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
Member of
Cataloging source
IT-FiEUI
http://library.link/vocab/creatorName
Devaney, James Gerard
Date time place
Defence date: 28 November 2014
Dissertation note
Thesis (Ph. D.)--European University Institute (LAW), 2014.
Index
no index present
Literary form
non fiction
Nature of contents
theses
http://library.link/vocab/relatedWorkOrContributorName
European University Institute
Series statement
  • EUI PhD theses
  • EUI theses
http://library.link/vocab/subjectName
International Court of Justice
Label
The law and practice of fact-finding before the International Court of Justice, James Gerard Devaney
Link
https://eui.ent.sirsidynix.net.uk/client/en_GB/default/search/detailnonmodal/ent:$002f$002fSD_ILS$002f0$002fSD_ILS:404717/one
Instantiates
Publication
Note
Examining Board: Professor Martin Scheinin, EUI; Professor Francesco Francioni, EUI; Judge Giorgio Gaja, International Court of Justice; Professor Geir Ulfstein, University of Oslo
Bibliography note
Includes bibliographical references (pages 285-306)
Carrier category
volume
Carrier category code
nc
Carrier MARC source
rdacarrier.
Content category
text
Content type code
txt
Content type MARC source
rdacontent.
Control code
FIEb17624277
Dimensions
30 cm.
Extent
306 pages
Media category
unmediated
Media MARC source
rdamedia.
Media type code
n
System control number
(OCoLC)914479612
Label
The law and practice of fact-finding before the International Court of Justice, James Gerard Devaney
Link
https://eui.ent.sirsidynix.net.uk/client/en_GB/default/search/detailnonmodal/ent:$002f$002fSD_ILS$002f0$002fSD_ILS:404717/one
Publication
Note
Examining Board: Professor Martin Scheinin, EUI; Professor Francesco Francioni, EUI; Judge Giorgio Gaja, International Court of Justice; Professor Geir Ulfstein, University of Oslo
Bibliography note
Includes bibliographical references (pages 285-306)
Carrier category
volume
Carrier category code
nc
Carrier MARC source
rdacarrier.
Content category
text
Content type code
txt
Content type MARC source
rdacontent.
Control code
FIEb17624277
Dimensions
30 cm.
Extent
306 pages
Media category
unmediated
Media MARC source
rdamedia.
Media type code
n
System control number
(OCoLC)914479612

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