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Taking and Assessing Evidence in International Adjudication

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Chapter Summary

This chapter deals with two aspects: the appropriateness for the Tribunal to assess a factual situation; and the concrete assessment of facts by the Tribunal. Evidence in international adjudication embraces information submitted to an international court or tribunal by parties to a case or from other sources, or collected by the court itself, with a view to establishing or disproving alleged facts. The production, collection and evaluation of evidence are processes which serve a particular purpose: they are meant to enable the adjudicative body in question to decide a legal dispute or to deliver an advisory legal opinion in accordance with all relevant facts. The production, collection and assessment of evidence are thus essential elements of the judicial function of international courts or tribunals.

Keywords: assessment of evidence; international adjudication; international court; jurisdiction; legal dispute; tribunal



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