Garnjana-Goonchorn, C.; (2007) Evidential rules before international tribunals: towards common principles? Doctoral thesis , University of London.

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Abstract

This thesis plays a part in the recent debate on the fragmentation of international law and the relationship between international tribunals. While much focus has been given to substantive rules of law, this research introduces a new angle through the study of procedural law. Its aim is the examination of evidential rules, bringing novelty by addressing three important questions: a) is there a common set of rules on evidence from the practice of international tribunals, b) what are the factors influencing international tribunals in the formation of evidential rules, c) should there be a common set of evidential rules for international tribunals The answer to these questions will give an insight on what can be said about procedural rules from the perspective of the proliferation of international tribunals and vice versa. After the examination of how international tribunals treat aspects of evidential rules and identifying the factors that affect their approach, the thesis will propose that a level of commonality in the evidential rules is desired. This conclusion will be backed up by the balancing of the advantages and disadvantages of commonality.

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