OUVRAGE : J.G. Devaney, Fact-Finding before the International Court of Justice

James Gerard DEVANEY

Fact-Finding before the International Court of Justice examines a number of significant recent criticisms of the way in which the ICJ deals with facts. The book takes the position that such criticisms are warranted and that the ICJ's current approach to fact-finding falls short of adequacy, both in cases involving abundant, particularly complex or technical facts, and in those involving a scarcity of facts. The author skilfully examines how other courts such as the WTO and inter-State arbitrations conduct fact-finding and makes a number of select proposals for reform, enabling the ICJ to address some of the current weaknesses in its approach. The proposals includes, but are not limited to, the development of a power to compel the disclosure of information, greater use of provisional measures, and a clear strategy for the use of expert evidence.



TABLE OF CONTENTS

Table of cases
Acknowledgements
Introduction
1. Rules of evidence before the International Court of Justice

1.1. The fact-finding powers of the International Court of Justice
1.2. Da mihi factum, dabo tibi jus: the Court’s reactive approach to fact-finding
1.3. The Court’s reactive approach to fact-finding: contributing factors
1.4. A natural counterpart: fact-assessment and the weighing of evidence
1.5. Does the Court have unlimited discretion to pursue a more proactive approach to fact-finding?
1.6. Chapter 1 summary: the Court’s reactive approach to factfinding

2. Criticisms of the Court’s current reactive approach to fact-finding

2.1. Group 1: Problems relating to abundant, particularly complex or technical facts
2.2. Group 2: Problems arising from insufficient evidence, specifically non-appearance
2.3. Chapter 2 summary: criticisms of the Court warranted

3. The practice of other international courts and tribunals

3.1. Fact-finding and fact-assessment at the WTO
3.2. Fact-finding and fact-assessment in recent inter-State arbitrations
3.3. Chapter 3 summary

4. Winds of change: the possibility of reform

4.1. Developing a power to compel the disclosure of evidence
4.2. Provisional measures
4.3. Developing a clear strategy for the use of experts before the Court
4.4. Chapter 4 summary: realistic measures to achieve a more proactive approach to fact-finding

5. A more proactive approach to fact-finding

5.1. Positive aspects of the Court’s current reactive approach
5.2. How to deal with factually complex cases before the Court
5.3. The limits of the Court’s fact-finding powers

Epilogue
Bibliography
Index

James Gerard DEVANEY, Fact-Finding before the International Court of Justice, Cambridge, Cambridge University Press, 2016 (306 pp.)