Problems of Evidence before International Tribunals

Abstract

More than a decade ago, the Eleventh Sokol Colloquium was devoted in its entirety to the problem of Fact-Finding Before International Tribunals. This chapter introduces this subject, identifies some significant issues, and offers some observations based on forty years of litigating before international courts and arbitral tribunals, as well as before national courts—both federal and state—across the United States. Fact-finding by international tribunals, like fact-finding by national courts, can be divided into three parts: production of evidence; admission or rejection of evidence; and evaluation or interpretation of evidence. The chapter focuses on the problems associated with this aspect of the fact-finding function. As a regular practitioner before the Court, as well as before U.S. courts, the author believes that, notwithstanding the obstacles, the International Court of Justice (ICJ) generally does as well as our national courts in finding the facts. Keywords:Eleventh Sokol Colloquium; fact-finding function; international court of justice (ICJ); international tribunals; United States