British Case And Evidence

"This series of reports is in a sense a continuation, but with a decided expansion, of the plan of the English ruling cases, as it takes the cases from the British empire, instead of from England only, but it continues the English ruling cases in the sense that it will include the most important cases from the English courts decided since that series terminated."--Pref.

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 incre