Dilemma or Chimera?—Admissibility of Illegally Obtained Evidence in International Adjudication
Bibliographic Data
| ID | 9549176 |
|---|---|
| Authors | Hugh Thirlway (corresponding author) |
| Year | 1984 |
| Volume | 78 |
| Issue | 3 |
| Pages | 622-641 |
| Publication date | 1984-07-01 |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | American Journal of International Law (JOURNAL) |
| Journal identifiers | ISSN: 0002-9300 • E-ISSN: 2161-7953 |
| Publisher | Cambridge University Press (CUP) (PUBLISHER) |
| DOI | 10.2307/2202600 |
| OpenAlex | W2057540974 |
| Language | EN |
| Citations received | 2 |
| References cited | 3 |
Procedural law on the international plane, especially the law applicable to international judicial proceedings, has long tended to be the poor relation of substantive law. In particular, insufficient attention has often been paid to its sources, and to the manner in which it may be created; and confident assertions tending to confuse the Sollen with the Essen, lex lata with lex ferenda , have been made with a frequency not to be expected in other fields of international law. Hence the common temptation to model international procedural norms or rules on what are perceived to be analogous dispositions of municipal procedural law, without taking sufficient account either of the degree of generality, actual or potential, of the municipal law rule, or of the accuracy of the analogy involved in its transfer to the international plane
Adjudication · Analogy · Dilemma · Epistemology · Generality · International law · Law and economics · Political science · Procedural law · Sociology · Temptation · Conflict of Laws and Jurisdiction · International Arbitration and Investment Law · International Law and Human Rights · Law · Philosophy · Psychology · Social Psychology
| Citations per year | 0.07 |
|---|---|
| Citation span | 1997 - 2020 (24) |
| Highly cited | No |