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The Procedural Law Governing Facts and Evidence in International Human Rights Proceedings: Developing A Contextualized Approach to Address Recurring Problems in the Context of Facts and Evidence

The Procedural Law Governing Facts and Evidence in International Human Rights Proceedings: Developing A Contextualized Approach to Address Recurring Problems in the Context of Facts and Evidence

作者： Torsten Stirner
出版商： Brill Nijhoff
ISBN: 9789004463127
出版时间 July 2021
规格： Hardback
适应领域： Netherlands ? 免责申明：
Countri(es) stated herein are used as reference only

JP¥36,490.80

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This book provides a comparative assessment of the procedural law governing facts and evidence with references to over 900 judgments and decisions of the European and the Inter-American Court of Human Rights and the UN Human Rights Committee. The book identifies underlying principles which govern the procedural law of these international human rights institutions. Based on the premise of a contextualized procedural law governing facts and evidence, the book analyzes where current approaches lack rationalization within the contextualization premise and offers solutions for persisting procedural problems relating to questions of subsidiarity in fact-finding, burden and standard of proof, as well as the admissibility and evaluation of evidence.
Chapter 1. Introduction
Chapter 2. Definitions and Procedural Concepts
Chapter 3. Parameters of the Procedural Frameworks of International Human Rights Institutions Framing the Law Relating to Facts and Evidence
Chapter 4. Subsidiarity and the Evidentiary Procedure
Chapter 5. Standard of Proof in International Human Rights Proceedings
Chapter 6. Allocation of the Persuasive Burden in International Human Rights Proceedings
Chapter 7. The Introduction of Facts and Evidence in the Proceedings of International Human Rights Institutions
Chapter 8. The Lack of Cooperation by the Respondent State
Chapter 9. The Admission of Evidence in Proceedings before Human Rights Institutions
Chapter 10. The Evaluation of Evidence by the Human Rights Institutions
Chapter 11. Rationalizing and Advancing the Law Governing Facts and Evidence on the Basis of a Sui-Generis, Contextualized Approach

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The Procedural Law Governing Facts and Evidence in International Human Rights Proceedings: Developing A Contextualized Approach to Address Recurring Problems in the Context of Facts and Evidence

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