Fact-Finding before the International Court of Justice
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| Anteprima |
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.
