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The Adversary System of the International Court of Justice: An Analytical Study

Fukasaka, M; (2016) The Adversary System of the International Court of Justice: An Analytical Study. Doctoral thesis , UCL (University College London).

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Abstract

This dissertation analyses the role of the International Court of Justice in dealing with technical facts, including those of a scientific nature. Specifically, it examines (1) how the ICJ has traditionally adopted a passive approach in dealing with technical evidence, but that this has been changing in recent years; (2) the factors that have contributed both to this traditional passive approach and the recent transformation, analysing different legal and non-legal factors, some of which limit its active approach in fact-finding, while others encourage the ICJ to adopt progressive methods; (3) how the ICJ may balance these different factors, with a view to examining how the ICJ can balance its responsibility to effectively settle international disputes against its fundamental consensual character. The dissertation proposes how to strike this balance by examining the historical background of the ICJ Statute and Rules, the historical development of Court’s practice, as well as related procedural principles and the function of the Expert Opinion.

Type: Thesis (Doctoral)
Title: The Adversary System of the International Court of Justice: An Analytical Study
Event: University College London
Language: English
Keywords: The International Court of Justice, ICJ, Adversary system, Evidence, Expert, Dispute settlement, Technical evidence, Scientific evidence, Inquisitorial system, Fact-finding, Litigation
URI: http://discovery.ucl.ac.uk/id/eprint/1526961
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