جستجوی مقالات مرتبط با کلیدواژه "international litigation" در نشریات گروه "فقه و حقوق"

International trade litigation represents, the extent to which countries participate in international trade, as well as its business activities on various economic issues. Since energy is one of main pillars of international trade, settlement international disputes can play an important role in international trade.This is especially evident in the energy sector, which plays an important role in international trade. In this regard, the present paper raises the question how can the use of peaceful methods of resolving international disputes in the energy sector have an impact on the development of international trade? It is hypothesized that the use of diplomatic approaches, in particular the consideration of the Energy Charter Treaty by different countries, could significantly reduce the rate of referral to the International Court of Arbitration. In this regard, the use of investor government methods, diplomatic methods, the establishment of dispute settlement centers can be regarded as alternative approaches to the International Court of Justice, and countries may seek litigation before it.Resolve themselves and promote the development of commerce internationally. The present paper uses a descriptive-analytical method to collect data due to the role of peaceful methods in resolving international disputes in the energy sector using library and documentary sources.

There is no provision in the Statute and the Rules of the Court with respect to the standard of proof. Furthermore, the Court has not introduced any standard for proving the claims in many of its past factual-based cases. However, it is noticed that in order to establish somehow a predictable conduct in the field of fact-finding, the Court has enlighten aspects of this issue during the recent years. As it is elaborated through the jurisprudence of the Court no one could extract a unified a standard to establish the facts and claims in the proceedings before the Court and the standard depend on the subject of the case. It might be expressed that there is a direct relation between the subject of the case and the degree of proof, in a way that when the claim of applicant State is exceptional, a higher level of proof was needed.