Proof and the Burden of Proof in International Investment Law

International investment arbitration has been dubbed the Antarctica of international procedural law. This book explores international investment arbitration (IIA) using the searchlight of comparative analysis. Further, it provides answers to several questions, such as the role of ICJ judgments and WTO decisions as a source of inspiration for how proof and the burden of proof are approached in IIA. By investigating various evidence-related issues, the book also sheds light on overarching questions including the role of IIA as a subsystem of international economic law.

Carves a new path in the debate on the theoretical framework for the treatment of evidence in IIA Offers detailed case studies as well as theoretical treatment of proof and burden of proof regime in IIA Casts new light on the possibility to carry out comparative analysis of IIA caselaw with regards to WTO and ICJ rulings

Autorentext

Dr Giulio Alvaro Cortesi studied international investment arbitration in Geneva. In 2014, he started his Ph.D. at Padua enrolling in a joint doctoral program (cotutelle) with Paris 1 Panthéon-Sorbonne. In 2017, he moved to the Max Planck Institute of Luxembourg and in 2018, he obtained his Ph.D. Giulio's research interest are: international investment law, international economic law and legal history.

Klappentext

International investment arbitration has been dubbed the Antarcticä of international procedural law. This book explores international investment arbitration (IIA) using the searchlight of comparative analysis. Further, it provides answers to several questions, such as the role of ICJ judgments and WTO decisions as a source of inspiration for how proof and the burden of proof are approached in IIA. By investigating various evidence-related issues, the book also sheds light on overarching questions including the role of IIA as a subsystem of international economic law.

Inhalt

• 1. Introduction. - 2. The Burden of Proof and Its Exceptions. - 3. Presumptions. - 4. The Admissibility of Evidence. - 5. The Taking of Evidence. - 6. Evaluation of Evidence. - 7. The Standard of Proof. - 8. Conclusion.