Evidence
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Author: Jane Doe
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Learning objectives: Understanding XY.
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A. Insights on the theory and practice of evidence in international law
[edit | edit source]I. Material sources of evidence
[edit | edit source]II. The disputed central function of evidence: establishing facts
[edit | edit source]III. The increasing role of information and communication technology in the production and use of evidence at the international level
[edit | edit source]IV. A classical problem: the fragile meaning and value of facts in a plural and decentralised international society
[edit | edit source]B. The role of UN-based international entities and UN organs for collecting and producing evidence in international law
[edit | edit source]I. Evidence and international fact-finding missions or international inquiry missions
[edit | edit source]1. Prerogatives of fact-finding missions and international inquiry missions
[edit | edit source]2. Collection of evidence
[edit | edit source]3. Personal "incrimination" and "naming and shaming"
[edit | edit source]4. Investigations possibly leading to international criminal prosecutions
[edit | edit source]5. Other uses of evidence collected by international fact-finding missions and international inquiry commissions
[edit | edit source]II. Evidence and UN Special Mandate-Holders (Special Rapporteurs and International Experts)
[edit | edit source]III. Evidence and international human rights protection bodies
[edit | edit source]IV. The role of the UNGA and the UNSC in the production and collection of evidence
[edit | edit source]C. The role of evidence in international dispute settlement mechanisms (outside international courts)
[edit | edit source]I. The role of evidence in international negotiations
[edit | edit source]II. The role of evidence in international mediation and conciliation
[edit | edit source]III. The role of evidence in international arbitration
[edit | edit source]D. Evidence before international courts
[edit | edit source]I. Applicable rules of evidence before international courts: generalities
[edit | edit source]II. Rules of evidence and specific international courts
[edit | edit source]1. Evidence before the International Court of Justice (ICJ)
[edit | edit source]2. Evidence before the International Tribunal for the Law of the Sea (ITLOS)
[edit | edit source]3. Evidence before the International Criminal Court (ICC)
[edit | edit source]E. Evidence in transnational litigation
[edit | edit source]I. Evidence in transnational commercial and civil litigation
[edit | edit source]II. Evidence and extraterritorial or universal jurisdiction for international crimes
[edit | edit source]Further Readings
[edit | edit source]- Source I
- Source II
Conclusion
[edit | edit source]- Summary I
- Summary II