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2 results

  • 9 - Fact-Finding and Expert Evidence

  • from Part II - The ICJ and International Dispute Settlement
  • Edited by Carlos Espósito, Universidad Autónoma de Madrid, Kate Parlett, Twenty Essex, London
  • Book:
    The Cambridge Companion to the International Court of Justice
    Published online:
    18 May 2023
    Print publication:
    06 April 2023, pp 187-207

  • Summary

    This chapter on fact-finding and expert evidence considers how the Court has treated competing evidentiary claims, and how it engages in a fact-finding process, looking at the evolution of the Court’s process in this regard. The author evaluates the significant criticism that has been directed against the Court in respect of its approach to fact-finding and the ways in which the Court has begun to address those criticisms.

  • 11 - The Working Practices of the Court

  • from Part II - The ICJ and International Dispute Settlement
  • Edited by Carlos Espósito, Universidad Autónoma de Madrid, Kate Parlett, Twenty Essex, London
  • Book:
    The Cambridge Companion to the International Court of Justice
    Published online:
    18 May 2023
    Print publication:
    06 April 2023, pp 223-246

  • Summary

    This chapter describes the working practices of the Court, and the reforms made to increase the speed of cases, as well as to improve the processes. The author notes that the Court has demonstrated significant agility in its more recent amendments to the Rules to take account of the worldwide pandemic, and argues that there is evidence to suggest that the Court is becoming more assertive, moving away from its traditionally high level of deference to States.