The procedural law governing facts and evidence in international human rights proceedings : developing a contextualized approach to address recurring problems in the context of facts and evidence

Author(s)

    • Stirner, Torsten

Bibliographic Information

The procedural law governing facts and evidence in international human rights proceedings : developing a contextualized approach to address recurring problems in the context of facts and evidence

by Torsten Stirner

(International studies in human rights, v. 137)

Brill Nijhoff, c2021

  • : hardback

Available at  / 3 libraries

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Note

Based on author's thesis (doctoral)--Universität Göttingen, 2020

Includes bibliographical references (p. [483]-502) and index

Summary: "This book provides a comparative assessment of the procedural law governing facts and evidence with references to over 900 judgments and decisions of the European and the Inter-American Court of Human Rights as well as the UN Human Rights Committee. It identifies underlying principles which govern the procedural law of these international human rights institutions"-- Provided by publisher

Contents of Works

  • Introduction
  • Definitions and procedural concepts
  • Parameters of the procedural frameworks of international human rights institutions framing the law relating to facts and evidence
  • Subsidiarity and the evidentiary procedure
  • Standard of proof in international human rights proceedings
  • Allocation of the persuasive burden in International human rights proceedings
  • The introduction of facts and evidence in the proceedings of international human rights institutions
  • The lack of cooperation by the respondentv state
  • The admission of evidence in proceedings before human rights institutions
  • The evaluation of evidence by the human rights institutions
  • Rationalizing and advancing the law governing facts and evidence on the basis of a sui-generis, contextualized approach

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