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Vol 21 No 9 Sept/Oct 2016

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Cover of Goode on Commercial Law

Goode on Commercial Law

Edited by: Ewan McKendrick
Price: £170.00

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Burden of Proof and Related Issues

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ISBN13: 9789041101426
ISBN: 904110142X
Published: November 1995
Publisher: Brill Academic Publishers
Country of Publication: The Netherlands
Format: Hardback
Price: £188.00

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This study on evidence before international tribunals, with an emphasis on the burden of proof, is considered to be 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. This work is intended for practitioners of international law and government advisors as well as university professors and students of law.

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Part One: Concept and Generalities. I. Concept and Generalities. Part Two: General Aspects of the Burden of Proof. II. Claimant's duty: Actori Incumbit Probatio. III. Collaboration of parties: respondent's role IV. Authority and duties of international tribunals with respect to the burden of proof. V. Rules of the burden of proof as principles of international law. Part Three: Particular Issues Concerning the Burden of Proof. VI. Presumptions and burden of proof. VII. Practical aspects of the collaboration of parties. VIII. Standard of proof. IX. Conclusions.