نویسنده
دانشکده حقوق و علوم سیاسی، دانشگاه تهران
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسنده [English]
There is no provision in the Statute and the Rules of the Court with respect to the standard of proof. Furthermore, the Court has not introduced any standard for proving the claims in many of its past factual-based cases. However, it is noticed that in order to establish somehow a predictable conduct in the field of fact-finding, the Court has enlighten aspects of this issue during the recent years. As it is elaborated through the jurisprudence of the Court no one could extract a unified a standard to establish the facts and claims in the proceedings before the Court and the standard depend on the subject of the case. It might be expressed that there is a direct relation between the subject of the case and the degree of proof, in a way that when the claim of applicant State is exceptional, a higher level of proof was needed.
کلیدواژهها [English]
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