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Intergovernmental Settlement of Disputes

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Committee: Intergovernmental Settlement of Disputes
Committee Chair(s): Dr. Pieter H. F. Bekker
Crowell & Moring LLP
590 Madison Ave., 20th Floor
New York, NY 10022-2524
W: (212) 895-4305
F: (212) 223-4134
pbekker@crowell.com

Committee Activities: The Intergovernmental Settlement of Disputes Committee will undertake a study of issues of evidence and proof of facts in inter-state disputes, which will collect and distill the prevailing rules and best practices of evidence from the law and practice of international courts and tribunals. The goal of the study is to develop a set of rules, styled “ABILA Rules on the Taking of Evidence in Inter-State Disputes.” The Rules will be a resource to parties and judges in order to enable them to conduct the evidence phase of an international proceeding in an efficient and economical manner. They are meant to be used in conjunction with, and adopted together with, institutional rules or procedures of individual courts and tribunals. It is submitted that a lex evidentia is emerging in this context. The study, which will involve the entire membership of the Committee, is expected to be completed in 2012. One or more Drafting Committees will be charged with proposing specific texts for review and discussion by the full Committee.

Committee Reports: A Study and Evaluation of the UN Secretary-General’s Trust Fund to Assist States in the Settlement of Disputes through the International Court of Justice [Originally prepared by the Committee on International Dispute Settlement], 2003-2004 Proceedings of the American Branch of the International Law Association 140, available at: http://heinonline.org   Reprinted at: ILAAB Committee on Transnational Dispute Resolution, A Study and Evaluation of the UN Secretary-General’s Trust Fund to Assist States in the Settlement of Disputes through the International Court of Justice, 1 Chinese J. Int’l. L. 234 (2002).



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