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
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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
(International studies in human rights, v. 137)
Brill Nijhoff, c2021
- : hardback
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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