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date: 21 November 2019

Abstract and Keywords

This chapter begins by discussing evidence and fact-finding in the international context. It then describes the powers of international adjudicative bodies to manage the production of evidence, which can be divided into the following: the power to require the parties to produce evidence; the power to make its own investigations; and the power to engage experts. Next, it addresses two key issues concerning proof: who bears the burden,i.e. which party must furnish the court with evidence on a certain matter, and the required standard of proof. This is followed by a discussion of the evaluation of evidence.

Keywords: international adjudicative bodies, production of evidence, burden of proof, standard of proof, evidence evaluation

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