Proof and the Burden of Proof in International Investment Law

ISBN-13: 9783030963422 / Angielski / Twarda / 2022

Giulio Alvaro Cortesi

Opis

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.

Spis treści

- 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.

O autorze

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.