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Evidence

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Author: Jane Doe

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A. Insights on the theory and practice of evidence in international law

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I. Material sources of evidence

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II. The disputed central function of evidence: establishing facts

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III. The increasing role of information and communication technology in the production and use of evidence at the international level

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IV. A classical problem: the fragile meaning and value of facts in a plural and decentralised international society

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B. The role of UN-based international entities and UN organs for collecting and producing evidence in international law

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I. Evidence and international fact-finding missions or international inquiry missions

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1. Prerogatives of fact-finding missions and international inquiry missions

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2. Collection of evidence

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3. Personal "incrimination" and "naming and shaming"

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4. Investigations possibly leading to international criminal prosecutions

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5. Other uses of evidence collected by international fact-finding missions and international inquiry commissions

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II. Evidence and UN Special Mandate-Holders (Special Rapporteurs and International Experts)

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III. Evidence and international human rights protection bodies

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IV. The role of the UNGA and the UNSC in the production and collection of evidence

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C. The role of evidence in international dispute settlement mechanisms (outside international courts)

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I. The role of evidence in international negotiations

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II. The role of evidence in international mediation and conciliation

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III. The role of evidence in international arbitration

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D. Evidence before international courts

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I. Applicable rules of evidence before international courts: generalities

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II. Rules of evidence and specific international courts

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1. Evidence before the International Court of Justice (ICJ)

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2. Evidence before the International Tribunal for the Law of the Sea (ITLOS)

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3. Evidence before the International Criminal Court (ICC)

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E. Evidence in transnational litigation

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I. Evidence in transnational commercial and civil litigation

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II. Evidence and extraterritorial or universal jurisdiction for international crimes

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Further Readings

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  • Source I
  • Source II

Conclusion

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  • Summary I
  • Summary II

Table of Contents

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Back to home page

Part I - History, Theory, and Methods

Part II - General International Law

Part III - Specialized Fields

Footnotes

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  1. The first footnote. Please adhere to OSCOLA when formating citations. Whenever possible, provide a link with the citation, ideally to an open-access source.