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Author | : Mojtaba Kazazi |
Publisher | : BRILL |
Total Pages | : 430 |
Release | : 2023-07-24 |
Genre | : Law |
ISBN | : 9004638261 |
Download Burden of Proof and Related Issues Book in PDF, ePub and Kindle
This study on evidence before international tribunals, with an emphasis on the burden of proof, is one of the more important and interesting issues of evidence under both municipal and international law. The study is mainly based on documented cases and special attention is paid to the case law of the Iran-United States Claims Tribunal in the Hague. The study is divided into three parts. Part One presents the preliminary issues concerning the concept of the burden of proof and the burden of evidence, as well as the nature and scope of the burden of proof. Part Two discusses the main aspects of the burden of proof, identified by considering the fact that there are three main actors in each litigated case, viz. the claimant, the respondent and the judge or arbitrator. Different chapters are allocated to: the claimant's role in bearing the main task with respect to the burden of proof; general aspects of collaboration of parties in matters of evidence; and the authority and duties of international tribunals with respect to the burden of proof. Part Two ends with a chapter on the rules of the burden of proof and a discussion on whether or not there are any such rules that could be considered as principles of international law. Some related issues are discussed in Part Three. Among the items considered are presumptions and the effect that they may have on the burden of proof; practical aspects of the collaboration of parties; the issue of possible sanctions against non-production of evidence; and the question of the standard of proof to be applied in international proceedings and the discretion of international tribunals in that regard. The study ends with a concluding chapter. As noted by Professor Verhoeven in his foreword, the subtleties of evidence in international proceedings has not been systematically studied for a number of decades. The book will become a standard work of reference in the area. Audience: An invaluable tool for practitioners of international law and Government advisors as well as university professors and students of law. The long experience of the author as a judge in a civil law system, his intimate knowledge of the work of the Iran-United States Claims Tribunal in The Hague, and currently with the United Nations (Security Council) Compensation Commission for Claims against Iraq have made him eminently well equipped to address the subject competently, both from a theoretical and practical perspective.
Author | : Mojtaba Kazazi |
Publisher | : Martinus Nijhoff Publishers |
Total Pages | : 440 |
Release | : 1996 |
Genre | : Law |
ISBN | : 9789041101426 |
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Author | : Jasmina Mačkić |
Publisher | : BRILL |
Total Pages | : 325 |
Release | : 2018-07-26 |
Genre | : Law |
ISBN | : 9004359850 |
Download Proving Discriminatory Violence at the European Court of Human Rights Book in PDF, ePub and Kindle
In Proving Discriminatory Violence at the European Court of Human Rights Jasmina Mačkić explores the engagement of a fundamental European institution with the phenomenon of discriminatory violence, namely, the European Court of Human Rights.
Author | : Philip M. Halpern |
Publisher | : |
Total Pages | : |
Release | : 2020 |
Genre | : Burden of proof |
ISBN | : 9781641056700 |
Download The Burden of Proof Book in PDF, ePub and Kindle
"This book's mission is to demystify the theory and workings of the burden of proof in civil trials in New York State"--
Author | : Bo Bennett |
Publisher | : eBookIt.com |
Total Pages | : 429 |
Release | : 2012-02-19 |
Genre | : Education |
ISBN | : 1456607375 |
Download Logically Fallacious Book in PDF, ePub and Kindle
This book is a crash course in effective reasoning, meant to catapult you into a world where you start to see things how they really are, not how you think they are. The focus of this book is on logical fallacies, which loosely defined, are simply errors in reasoning. With the reading of each page, you can make significant improvements in the way you reason and make decisions. Logically Fallacious is one of the most comprehensive collections of logical fallacies with all original examples and easy to understand descriptions, perfect for educators, debaters, or anyone who wants to improve his or her reasoning skills. "Expose an irrational belief, keep a person rational for a day. Expose irrational thinking, keep a person rational for a lifetime." - Bo Bennett This 2021 Edition includes dozens of more logical fallacies with many updated examples.
Author | : Hans Vilhelm Hansen |
Publisher | : Rhetoric, Law, and the Humanit |
Total Pages | : 316 |
Release | : 2019 |
Genre | : Language Arts & Disciplines |
ISBN | : 0817320172 |
Download Presumptions and Burdens of Proof Book in PDF, ePub and Kindle
An anthology of the most important historical sources, classical and modern, on the subjects of presumptions and burdens of proof In the last fifty years, the study of argumentation has become one of the most exciting intellectual crossroads in the modern academy. Two of the most central concepts of argumentation theory are presumptions and burdens of proof. Their functions have been explicitly recognized in legal theory since the middle ages, but their pervasive presence in all forms of argumentation and in inquiries beyond the law--including politics, science, religion, philosophy, and interpersonal communication--have been the object of study since the nineteenth century. However, the documents and essays central to any discussion of presumptions and burdens of proof as devices of argumentation are scattered across a variety of remote sources in rhetoric, law, and philosophy. Presumptions and Burdens of Proof: An Anthology of Argumentation and the Law brings together for the first time key texts relating to the history of the theory of presumptions along with contemporary studies that identify and give insight into the issues facing students and scholars today. The collection's first half contains historical sources and begins with excerpts from Aristotle's Topics and goes on to include the locus classicus chapter from Bishop Whately's crucial Elements of Rhetoric as well as later reactions to Whately's views. The second half of the collection contains contemporary essays by contributors from the fields of law, philosophy, rhetoric, and argumentation and communication theory. These essays explore contemporary understandings of presumptions and burdens of proof and their role in numerous contexts today. This anthology is the definitive resource on the subject of these crucial rhetorical modes and will be a vital resource to all scholars of communication and rhetoric, as well as legal scholars and practicing jurists.
Author | : Scott Turow |
Publisher | : Farrar, Straus and Giroux |
Total Pages | : 640 |
Release | : 2009-12-28 |
Genre | : Fiction |
ISBN | : 1429957751 |
Download The Burden of Proof Book in PDF, ePub and Kindle
In The Burden of Proof, Scott Turow probes the fascinating and complex character of Alejandro Stern as he tries to uncover the truth about his wife's life. Late one spring afternoon, Alejandro Stern, the brilliant defense lawyer from Presumed Innocent, comes home from a business trip to find that Clara, his wife of thirty years, has committed suicide.
Author | : Gary Lawson |
Publisher | : University of Chicago Press |
Total Pages | : 259 |
Release | : 2017-02-21 |
Genre | : Law |
ISBN | : 022643205X |
Download Evidence of the Law Book in PDF, ePub and Kindle
"As Gary Lawson shows, legal claims are inherently objects of proof, and whether or not the law acknowledges the point openly, proof of legal claims is just a special case of the more general norms governing proof of any claim. As a result, similar principles of evidentiary admissibility, standards of proof, and burdens of proof operate, and must operate, in the background of claims about the law. This book brings these evidentiary principles for proving law out of the shadows so that they can be analyzed, clarified, and discussed."--Amazon website.
Author | : Dale A. Nance |
Publisher | : Cambridge University Press |
Total Pages | : 345 |
Release | : 2016-03-11 |
Genre | : Law |
ISBN | : 1316539032 |
Download The Burdens of Proof Book in PDF, ePub and Kindle
Adjudicative tribunals in both criminal and non-criminal cases rely on the concept of the 'burden of proof' to resolve uncertainty about facts. Perhaps surprisingly, this concept remains clouded and deeply controversial. Written by an internationally renowned scholar, this book explores contemporary thinking on the evidential requirements that are critical for all practical decision-making, including adjudication. Although the idea that evidence must favor one side over the other to a specified degree, such as 'beyond reasonable doubt', is familiar, less well-understood is an idea associated with the work of John Maynard Keynes, namely that there are requirements on the total amount of evidence considered to decide the case. The author expertly explores this distinct Keynesian concept and its implications. Hypothetical examples and litigated cases are included to assist understanding of the ideas developed. Implications include an expanded conception of the burden of producing evidence and how it should be administered.
Author | : Caroline E. Foster |
Publisher | : Cambridge University Press |
Total Pages | : 401 |
Release | : 2011-03-24 |
Genre | : Law |
ISBN | : 1139500163 |
Download Science and the Precautionary Principle in International Courts and Tribunals Book in PDF, ePub and Kindle
By canvassing a range of international scientific disputes, including the EC-Biotech and EC-Hormones disputes in the WTO, the case concerning Pulp Mills and the Gabcíkovo–Nagymaros case in the International Court of Justice, and the Mox Plant and Land Reclamation cases dealt with under the United Nations Convention on the Law of the Sea, Caroline Foster examines how the precautionary principle can be accommodated within the rules about proof and evidence and advises on the boundary emerging between the roles of experts and tribunals. A new form of reassessment proceedings for use in exceptional cases is proposed. Breaking new ground, this book seeks to advance international adjudicatory practice by contextualising developments in the taking of expert evidence and analysing the justification of and potential techniques for a precautionary reversal of the burden of proof, as well as methods for dealing with important scientific discoveries subsequent to judgements and awards.