Evidence and the Burden of Proof
(5,927 words)

paragraph 257 in volume 3, chapter 16, Elements of International Procedural Law

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The normal criterion regarding evidence of whatever type is its relevance to the issues at hand. The Court’s function in establishing the facts requires it if necessary to establish on whom the burden of proof falls and to ascertain, and certainly to assess the relevance and the weight of the evidence produced in so far as is necessary for the determination of the issues which it finds it essential to resolve. F…

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Malcolm N. Shaw, “Evidence and the Burden of Proof”, in: Rosenne's Law and Practice of the International Court: 1920-2015. Consulted online on 23 August 2017 <http://dx.doi.org/10.1163/2468-5992_rose_COM_0257>
First published online: 2017
First print edition: 20161001



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