International procedural regulation in the common interest: the role of fact-finding and evidence before the International Court of Justice
Carregando...
Arquivos
Data
2020
Autores
Orientador(res)
Métricas
Título da Revista
ISSN da Revista
Título de Volume
Resumo
By developing international law, interna-tional courts can also contribute to the protection and promotion of community interests. The ICJ, in par-ticular, is capable of promoting community interests by adjudicating inter-State claims. However, one of the main obstacles faced by the World Court relates to the existing tension between the bilateral nature of its own proceedings and the multilateral natureof the conflicting substantive law. Considering that procedure may guide and shape the application of substantive law, it will be argued that it should itself be interpreted and developed in a manner to ensure community interests. This article argues that two issues deserve further analysis with a view to promoting the interests of the international community: fact-finding in complex cases involving community interests, which includes the need for an independent expertise and guidance on cross-examination issues; and transparency in the production of documentary evidence and its conse-quences in community interests’ cases.