THE ADMISSIBILITY OF INTERNATIONAL LEGAL EVIDENCE

Authors

  • GIBRAN VAN ERT

Abstract

Counsel in recent cases have sought to establish points of public international law by means of the affidavits and testimony of experts. The author contends that approach is misguided. What international law may require in a given case is not a question of fact to be proved. Rather, it is a question of law to be argued by counsel. Expert opinion on international law is therefore not admissible.

Keywords:

Evidence

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Published

2005-03-01

Issue

Section

Legal Commentary