Suchergebnisse

Fact-Finding before the International Court of Justice examines a number of significant recent criticisms of the way in which the ICJ deals with facts. The book takes the position that such criticisms are warranted and that the ICJ's current approach to fact-finding falls short of adequacy, both in cases involving abundant, particularly complex or technical facts, and in those involving a scarcity of facts. The author skilfully examines how other courts such as the WTO and inter-State arbitrations conduct fact-finding and makes a number of select proposals for reform, enabling the ICJ to address some of the current weaknesses in its approach. The proposals includes, but are not limited to, the development of a power to compel the disclosure of information, greater use of provisional measures, and a clear strategy for the use of expert evidence.

Abstract: Experts have played a prominent role in recent proceedings before the International Court of Justice (the Court). Against the backdrop of high-profile criticisms of the Court's fact-finding process, recent cases before the Court have produced a number of notable developments which can be seen as responses to these concerns. However, some issues persist, largely due to a lack of conceptual clarity regarding the role that both party- and Court-appointed experts should play in proceedings, a consequence of the rudimentary procedural provisions in the Court's constitutive instruments. This article advances a number of proposals for reform in the form of two Practice Directions that set out modalities for the examination of party-appointed experts and the appointment of the Court's own experts, as well as providing reasoned guidance on the independence of experts. These proposals not only flesh out the role of the expert, but also show how the Court can accommodate the principles of party autonomy and the proper administration of justice which operate upon it.