Fraudulent Evidence Before Public International Tribunals

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Fraudulent Evidence Before Public International Tribunals

Author : W. Michael Reisman
Publisher : Cambridge University Press
ISBN 13 : 1139952862
Total Pages : 233 pages
Book Rating : 4.1/5 (399 download)

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Book Synopsis Fraudulent Evidence Before Public International Tribunals by : W. Michael Reisman

Download or read book Fraudulent Evidence Before Public International Tribunals written by W. Michael Reisman and published by Cambridge University Press. This book was released on 2014-05-08 with total page 233 pages. Available in PDF, EPUB and Kindle. Book excerpt: Domestic lawyers are, above all, officers of the court. By contrast, the public international lawyer representing states before international tribunals is torn between loyalties to the state and loyalties to international law. As the stakes increase for the state concerned, the tension between these loyalties can become acute and lead to practices that would be condemned in developed national legal systems but have hitherto been ignored by international tribunals in international legal scholarship. They are the 'dirty stories' of international law. This detailed and contextually sensitive presentation of eight important cases before a variety of public international tribunals dissects some of the reasons for the resort to fraudulent evidence in international litigation and the profession's baffling reaction. Fraudulent evidence is resorted to out of greed, moral mediocrity or inherent dishonesty. In public international litigation, by contrast, the reasons are often more complex, with roots in the dynamics of international politics.

Fraudulent Evidence Before Public International Tribunals

Author : W. Michael Reisman
Publisher :
ISBN 13 : 9781139958196
Total Pages : 234 pages
Book Rating : 4.9/5 (581 download)

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Book Synopsis Fraudulent Evidence Before Public International Tribunals by : W. Michael Reisman

Download or read book Fraudulent Evidence Before Public International Tribunals written by W. Michael Reisman and published by . This book was released on 2014-05-10 with total page 234 pages. Available in PDF, EPUB and Kindle. Book excerpt: Considers egregious cases of ethically dubious behaviour before public international tribunals.

Burden of Proof and Related Issues

Author : Mojtaba Kazazi
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9789041101426
Total Pages : 440 pages
Book Rating : 4.1/5 (14 download)

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Book Synopsis Burden of Proof and Related Issues by : Mojtaba Kazazi

Download or read book Burden of Proof and Related Issues written by Mojtaba Kazazi and published by Martinus Nijhoff Publishers. This book was released on 1996 with total page 440 pages. Available in PDF, EPUB and Kindle. Book excerpt: (3) The ISS Case.

Evidence Before International Tribunals

Author : Durward V. Sandifer
Publisher :
ISBN 13 :
Total Pages : 443 pages
Book Rating : 4.:/5 (95 download)

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Book Synopsis Evidence Before International Tribunals by : Durward V. Sandifer

Download or read book Evidence Before International Tribunals written by Durward V. Sandifer and published by . This book was released on 1959 with total page 443 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Fraudulent Evidence before Public International Tribunals

Author : W. Michael Reisman
Publisher : Cambridge University Press
ISBN 13 : 1107063396
Total Pages : 233 pages
Book Rating : 4.1/5 (7 download)

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Book Synopsis Fraudulent Evidence before Public International Tribunals by : W. Michael Reisman

Download or read book Fraudulent Evidence before Public International Tribunals written by W. Michael Reisman and published by Cambridge University Press. This book was released on 2014-05-08 with total page 233 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book considers egregious cases of ethically dubious behaviour before public international tribunals.

Evidence Before the International Court of Justice

Author : Anna Riddell
Publisher : British Institute for International & Comparative Law
ISBN 13 :
Total Pages : 458 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Evidence Before the International Court of Justice by : Anna Riddell

Download or read book Evidence Before the International Court of Justice written by Anna Riddell and published by British Institute for International & Comparative Law. This book was released on 2009 with total page 458 pages. Available in PDF, EPUB and Kindle. Book excerpt: Some recent contentious issues about the use of evidence in cases before the International Court of Justice have highlighted the importance of fact-finding and the use of evidence before this Court. This major study on the issue of evidence before the International Court of Justice has examined all aspects of the Court's relationship with facts - in both contentious and advisory proceedings - from the recently refined procedure for submitting late evidence, to the hearing of live witness testimony in the Peace Palace. Considerations of flexibility and respect for the sovereignty of the State Parties before the Court have traditionally deterred the Court from constructing concrete rules on matters of evidence, but the increasing numbers of cases, in which a thorough consideration of the facts has been essential, has highlighted that some detailed procedural guidance is necessary in order to ensure a well-functioning system of adjudication. It is apparent that the Court has paid an increasing amount of attention to its evidentiary proceedings as a result, often encountering difficulties in the inherent tensions between the common and civil law traditions and thus a divergence of opinions on the Bench. This book examines the history and development of the treatment of evidence, including the early days of the Permanent Court of International Justice - the predecessor of the International Court of Justice - up to the recent Nicaragua v Honduras judgment, critically analyzing the Statute and Rules of the Court, dicta from judgments and separate and dissenting opinions, the newly developed Practice Directions, and academic writings on the subject. The book not only provides an academic discussion of the subject, but also acts as a guide to practitioners appearing before the Court.

The Iran-United States Claims Tribunal

Author : Charles Nelson Brower
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9789041106278
Total Pages : 958 pages
Book Rating : 4.1/5 (62 download)

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Book Synopsis The Iran-United States Claims Tribunal by : Charles Nelson Brower

Download or read book The Iran-United States Claims Tribunal written by Charles Nelson Brower and published by Martinus Nijhoff Publishers. This book was released on 1998-02-12 with total page 958 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Iran-United States Claims Tribunal is arguably the most significant arbitral institution of the twentieth century. Although the completion of its last few cases could take a long time, the Tribunal's impressive work must be made available now as a guide to the resolution of ongoing disputes and for future tribunals. The Tribunal has, by this point, disposed of well over 98 percent of its caseload. Little more remains for its participants to learn, but the Tribunal shows no signs of fading away. Both of the two States Parties, for different reasons, see greater advantage in the Tribunal's prolongation than in its elimination. The authors have succeeded in dealing with all of the most deserving Tribunal subjects. Moreover, their intimate involvement in and knowledge of the Tribunal ensure that their book is a fascinating, important, and indispensable contribution to the literature of International Law. This is a definitive book on a monumental event in the law and in history at the close of a century. "The Iran-United States Claims Tribunal" was awarded the ASIL Certificate of Merit.

Model Rules of Professional Conduct

Author : American Bar Association. House of Delegates
Publisher : American Bar Association
ISBN 13 : 9781590318737
Total Pages : 216 pages
Book Rating : 4.3/5 (187 download)

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Book Synopsis Model Rules of Professional Conduct by : American Bar Association. House of Delegates

Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

United States Attorneys' Manual

Author : United States. Department of Justice
Publisher :
ISBN 13 :
Total Pages : 718 pages
Book Rating : 4.3/5 ( download)

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Book Synopsis United States Attorneys' Manual by : United States. Department of Justice

Download or read book United States Attorneys' Manual written by United States. Department of Justice and published by . This book was released on 1985 with total page 718 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Founders

Author : David M. Crane
Publisher : Cambridge University Press
ISBN 13 : 1108424163
Total Pages : 185 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis The Founders by : David M. Crane

Download or read book The Founders written by David M. Crane and published by Cambridge University Press. This book was released on 2018-03-15 with total page 185 pages. Available in PDF, EPUB and Kindle. Book excerpt: Focuses on the four individuals who created the world's first international tribunals and how they sought justice for millions of victims.

Fact-Finding before the International Court of Justice

Author : James Gerard Devaney
Publisher : Cambridge University Press
ISBN 13 : 1316720896
Total Pages : 307 pages
Book Rating : 4.3/5 (167 download)

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Book Synopsis Fact-Finding before the International Court of Justice by : James Gerard Devaney

Download or read book Fact-Finding before the International Court of Justice written by James Gerard Devaney and published by Cambridge University Press. This book was released on 2016-09-29 with total page 307 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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

Author : Hugh Thirlway
Publisher : Oxford University Press
ISBN 13 : 0191084697
Total Pages : 240 pages
Book Rating : 4.1/5 (91 download)

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Book Synopsis The International Court of Justice by : Hugh Thirlway

Download or read book The International Court of Justice written by Hugh Thirlway and published by Oxford University Press. This book was released on 2016-10-06 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent years States have made more and more extensive use of the International Court of Justice for the judicial settlement of disputes. Despite being declared by the Court's Statute to have no binding force for States other than the parties to the case, its decisions have come to constitute a body of jurisprudence that is frequently invoked in other disputes, in international negotiation, and in academic writing. This jurisprudence, covering a wide range of aspects of international law, is the subject of considerable ongoing academic examination; it needs however to be seen against the background, and in the light, of the Court's structure, jurisdiction and operation, and the principles applied in these domains. The purpose of this book is thus to provide an accessible and comprehensive study of this aspect of the Court, and in particular of its procedure, written by a scholar who has had unique opportunities of close observation of the Court in action. This distillation of direct experience and expertise makes it essential reading for all those who study, teach or practise international law.

International Dispute Resolution and the Public Policy Exception

Author : Farshad Ghodoosi
Publisher : Routledge
ISBN 13 : 1317292839
Total Pages : 169 pages
Book Rating : 4.3/5 (172 download)

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Book Synopsis International Dispute Resolution and the Public Policy Exception by : Farshad Ghodoosi

Download or read book International Dispute Resolution and the Public Policy Exception written by Farshad Ghodoosi and published by Routledge. This book was released on 2016-06-10 with total page 169 pages. Available in PDF, EPUB and Kindle. Book excerpt: Despite the unprecedented growth of arbitration and other means of ADR in treaties and transnational contracts in recent years, there remains no clearly defined mechanism for control of the system. One of the oldest yet largely marginalized concepts in law is the public policy exception. This doctrine grants discretion to courts to set aside private legal arrangements, including arbitration, which might be considered harmful to the "public". The exceptional and vague nature of the doctrine, along with the strong push of actors in dispute resolution, has transformed it, in certain jurisdictions, to a toothless doctrine. At the international level, the notion of transnational public policy has been devised in order to capture norms that are "truly" transnational and amenable for application in cross-border litigations. Yet, despite the importance of this discussion—a safety valve and a control mechanism for today’s international and domestic international dispute resolution— no major study has ventured to review and analyze it. This book provides a historical, theoretical and practical background on public policy in dispute resolution with a focus on cross-border and transnational disputes. Farshad Ghodoosi argues that courts should adopt a more systemic approach to public policy while rejecting notions such as transnational public policy, which limits the application of those norms with mandatory nature. Contrary to the current trend, the book invites the reader to re-conceptualize the role of public policy, and transnational dispute resolution, in order to have more sustainable, fair and efficient mechanisms for resolving disputes outside of national courts. The book sheds light on one of the most important yet often-neglected control mechanisms of today’s international dispute resolution and will be of particular interest to students and academics in the fields of International Investment Law, International Trade Law, Business and Economics.

General Principles of Law and International Due Process

Author : Charles T. Kotuby
Publisher : Oxford University Press
ISBN 13 : 019064270X
Total Pages : 305 pages
Book Rating : 4.1/5 (96 download)

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Book Synopsis General Principles of Law and International Due Process by : Charles T. Kotuby

Download or read book General Principles of Law and International Due Process written by Charles T. Kotuby and published by Oxford University Press. This book was released on 2017 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: Article 38 of the Statute of the International Court of Justice defines "international law" to include not only "custom" and "convention" between States but also "the general principles of law recognized by civilized nations" within their municipal legal systems. In 1953, Bin Cheng wrote his seminal book on general principles, identifying core legal principles common to various domestic legal systems across the globe. This monograph summarizes and analyzes the general principles of law and norms of international due process, with a particular focus on developments since Cheng's writing. The aim is to collect and distill these principles and norms in a single volume as a practical resource for international law jurists, advocates, and scholars. The information contained in this book holds considerable importance given the growth of inter-state intercourse resulting in the increased use of general principles over the past 60 years. General principles can serve as rules of decision, whether in interpreting a treaty or contract, determining causation, or ascertaining unjust enrichment. They also include a core set of procedural requirements that should be followed in any adjudicative system, such as the right to impartiality and the prohibition on fraud. Although the general principles are, by definition, basic and even rudimentary, they hold vital importance for the rule of law in international relations. They are meant not to define a rule of law, but rather the rule of law.

International Dispute Settlement

Author : J. G. Merrills
Publisher : Cambridge University Press
ISBN 13 : 1107164060
Total Pages : 403 pages
Book Rating : 4.1/5 (71 download)

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Book Synopsis International Dispute Settlement by : J. G. Merrills

Download or read book International Dispute Settlement written by J. G. Merrills and published by Cambridge University Press. This book was released on 2017-04-06 with total page 403 pages. Available in PDF, EPUB and Kindle. Book excerpt: The fully updated sixth edition of this successful textbook explains the legal and diplomatic techniques and organizations used to solve international disputes, how they work and when they are used. Using numerous examples, it shows the strengths and weaknesses of different methods. It is an essential resource for international dispute settlement courses.

Oppenheim's International Law: United Nations

Author : Rosalyn Higgins
Publisher : Oxford University Press
ISBN 13 : 0192537199
Total Pages : 1642 pages
Book Rating : 4.1/5 (925 download)

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Book Synopsis Oppenheim's International Law: United Nations by : Rosalyn Higgins

Download or read book Oppenheim's International Law: United Nations written by Rosalyn Higgins and published by Oxford University Press. This book was released on 2017-10-12 with total page 1642 pages. Available in PDF, EPUB and Kindle. Book excerpt: The United Nations, whose specialized agencies were the subject of an Appendix to the 1958 edition of Oppenheim's International Law: Peace, has expanded beyond all recognition since its founding in 1945.This volume represents a study that is entirely new, but prepared in the way that has become so familiar over succeeding editions of Oppenheim. An authoritative and comprehensive study of the United Nations' legal practice, this volume covers the formal structures of the UN as it has expanded over the years, and all that this complex organization does. All substantive issues are addressed in separate sections, including among others, the responsibilities of the UN, financing, immunities, human rights, preventing armed conflicts and peacekeeping, and judicial matters. In examining the evolving structures and ever expanding work of the United Nations, this volume follows the long-held tradition of Oppenheim by presenting facts uncoloured by personal opinion, in a succinct text that also offers in the footnotes a wealth of information and ideas to be explored. It is book that, while making all necessary reference to the Charter, the Statute of the International Court of Justice, and other legal instruments, tells of the realities of the legal issues as they arise in the day to day practice of the United Nations. Missions to the UN, Ministries of Foreign Affairs, practitioners of international law, academics, and students will all find this book to be vital in their understanding of the workings of the legal practice of the UN. Research for this publication was made possible by The Balzan Prize, which was awarded to Rosalyn Higgins in 2007 by the International Balzan Foundation.

International Law in Domestic Courts

Author : Andre Nollkaemper
Publisher : Oxford University Press, USA
ISBN 13 : 0198739745
Total Pages : 769 pages
Book Rating : 4.1/5 (987 download)

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Book Synopsis International Law in Domestic Courts by : Andre Nollkaemper

Download or read book International Law in Domestic Courts written by Andre Nollkaemper and published by Oxford University Press, USA. This book was released on 2019-01-28 with total page 769 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Oxford ILDC online database, an online collection of domestic court decisions which apply international law, has been providing scholars with insights for many years. This ILDC Casebook is the perfect companion, introducing key court decisions with brief introductory and connecting texts. An ideal text for practitioners, judged, government officials, as well as for students on international law courses, the ILDC Casebook explains the theories and doctrines underlying the use by domestic courts of international law, and illustrates the key importance of domestic courts in the development of international law.