Chapter

Evidentiary Issues

GEORGE H. ALDRICH

in The Jurisprudence of the Iran-United States Claims Tribunal

Published in print October 1996 | ISBN: 9780198258056
Published online March 2012 | e-ISBN: 9780191681776 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780198258056.003.0008
Evidentiary Issues

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The Algiers Declarations make no reference to rules of evidence, except as may be implicit in the general directive of Article 5 of the Claims Settlement Declaration that the Iran–United States Claims Tribunal ‘shall decide all cases on the basis of respect for law’. The Tribunal Rules, however, deal with the question of evidence in Article 24. While any party could request an opposing party to produce relevant, identified evidence, and the Tribunal could order such production, there was no means of enforcement available except for the Tribunal to draw adverse inferences from a failure to produce evidence that was evidently in the possession of that party. For all of these reasons, the Tribunal was inclined to accept as adequate proof of claims and defenses evidence that fell far short of what one might normally consider the best evidence, particularly when the Tribunal was satisfied that it was the best evidence available to the party.

Keywords: Algiers Declarations; evidence; Claims Settlement Declaration; claims; defenses

Chapter.  14063 words. 

Subjects: Public International Law

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