Proof and the burden of proof in international investment law
著者
書誌事項
Proof and the burden of proof in international investment law
(European yearbook of international economic law / series editors, Marc Bungenberg ... [et al.], . EYIEL monographs : studies in European and international economic law ; v. 24)
Springer, c2022
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注記
Includes bibliographical references
内容説明・目次
内容説明
International investment arbitration has been dubbed the "Antarctica" of international procedural law. This book explores international investment arbitration (IIA) using the searchlight of comparative analysis. Further, it provides answers to several questions, such as the role of ICJ judgments and WTO decisions as a source of inspiration for how proof and the burden of proof are approached in IIA. By investigating various evidence-related issues, the book also sheds light on overarching questions including the role of IIA as a subsystem of international economic law.
目次
- 1. Introduction. - 2. The Burden of Proof and Its Exceptions. - 3. Presumptions. - 4. The Admissibility of Evidence. - 5. The Taking of Evidence. - 6. Evaluation of Evidence. - 7. The Standard of Proof. - 8. Conclusion.
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