The burden of proof in comparative and international human rights law civil and common law approaches with special reference to the American and German legal systems
by Juliane Kokott.
- Boston Kluwer Law International 1998.
- p. cm.
- Studies and materials on the settlement of international disputes v. 3 .
- Studies and materials on the settlement of international disputes v. 3 .
Revision of thesis (S.J.D.)--Harvard University, 1990.
Includes bibliographical references and index.
Ch. 1. Comparative Law Analysis: The American and the German Systems. I. The Two Kinds of Burden of Proof. II. Different Standards of Proof. III. Interrelationship between the Effectiveness of Human Rights and the Rules on Proof. IV. Shortcuts to Proof. V. The Presumption of Constitutionality. VI. Decisions by the Executive. VII. Conclusions to Chapter 1 -- Ch. 2. The Burden of Proof in American Constitutional Law. I. Freedom of Speech and the Press and the Burden of Proof. II. Equal Protection. III. A Related Subject: The Weight of the Burden of Persuasion. IV. Conclusions to Chapter 2 -- Ch. 3. The Burden of Proof in International Human Rights Law. I. The Two Kinds of Burden of Proof. II. The Prohibition of Non-Liquet under International Law. III. The Voluntary Character of International Jurisdiction and Non-Liquet. IV. The Categories of Plaintiff and Defendant. V. Adversarial or Investigatory Character of International Proceedings. VI. Free Evaluation of Evidence and the Measure of Proof. VII. The Burden of Persuasion in International Human Rights Law. VIII. Conclusions to Chapter 3.