دور الخبراء المتخصصين في دعم أحکام المحاکم وهيئات التسوية الدولية | ||
| مجلة الدراسات القانونية والاقتصادية | ||
| Article 15, Volume 8, Issue 3, September 2022, Pages 1259-1465 PDF (3.93 M) | ||
| Document Type: المقالة الأصلية | ||
| DOI: 10.21608/jdl.2022.257323 | ||
| Author | ||
| محمد عادل محمد عسکر | ||
| أستاذ مساعد بقسم القانون الدولي العام کلية الحقوق - جامعة المنصورة | ||
| Abstract | ||
| When the courts are presented with facts that aren’t legal in nature, but rather scientific, technical or artistic in nature. Experts have begun to appear in the international arena during the trials of "Nuremberg" and "Tokyo", and in 1945, Article (50) of the statute of the International Court of Justice states that, the court has the authority to appoint experts to express opinions as technicians, international courts and settlement bodies have also turned to the use of experts, such as the International Court of the Law of the Sea, the European Court of Justice, the dispute settlement body for the World Trade Organization, the World Intellectual Property Organization Mediation and Arbitration Center as did the United Nations Compensation Commission use experts in various fields. The forms in which courts and bodies obtain expert advice varied between conducting a survey of conflict-related sites accompanied by an expert, or appointing independent individual experts, or teams of experts, or appointing experts to court bodies, using institutional expertise, post-review or Peer review. The parties to the conflict can also hire independent experts, or use experts as lawyers. The study analyzed the curricula of international courts regarding the use of experts, as it turns from complete rejection and considering that scientific issues are not subject to litigation, to the direction of engagement in the investigation of scientific facts, as well as the trend of cognitive respect. The necessity of concluding this study exposed problems that may arise as a result of the use of experts internationally, the first of which is the impact on the judicial function, the second is the influence on the course of the litigation, and the third is the problems related to the means of verifying the quality of scientific evidence by judges, and finally, the extent of the court’s responsibility for the judgment issued based on the use of experts, and the extent to which this procedure is considered one of the stages of settling the relevant international disputes. | ||
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