Rules regarding evidence

(a) Rules of Procedure and Evidence

The rules of evidence provided for in principle 18 (c) shall apply.

The rules of evidence provided for in principle 16 (c) shall apply.

The court should be permitted to elaborate its own rules of procedure and evidence.

The Judges of the Tribunal have continued to monitor the impact of the Rules of Evidence and Procedure ( Rules ) on the efficiency of proceedings at the Tribunal.

That will help them operationalize the provisions of the Rome Statute and the relevant rules of procedure and evidence.

Iraq contends that the estimates of impacted areas, damage percentages and duration of damage on which Iran bases its claim are invalid and unsubstantiated.

According to Jordan, the increase in the salt content of the soil resulted in reduced crop yields.

Consequently, Jordan has failed to meet the evidentiary requirements for compensation specified in article 35(3) of the Rules.

Consequently, Jordan has failed to meet the evidentiary requirements for compensation as specified in article 35(3) of the Rules.

Consequently, Jordan has failed to meet the evidentiary requirements for compensation as specified in article 35(3) of the Rules.

Kuwait states that its environment was damaged by tarcrete, dry oil lakes, wet oil lakes, oil contaminated piles and oil filled trenches, spills, military fortifications, open burning open detonation areas and wind blown sand.

According to Iraq, if Kuwait's rangelands are managed in a sustainable manner, the proposed remediation projects under claim No. 5000450 have the potential to improve the overall condition of the Kuwaiti desert above baseline levels .

This will not only accelerate recovery of the damaged areas but it is also in line with the duty of Kuwait to mitigate the damage and minimize losses resulting from the damage.

The evidence required is equivalent to the reasonable minimum prescribed by the Rules and the Panel has not requested evidence from Egypt that is beyond the information contained in the payment orders.

On 15 July 2003, the Chamber decided that the trial should continue with a substitute judge under Rule 15 bis of the Rules of Procedure and Evidence ( the Rules ).

Consequently, Iran has failed to meet the evidentiary requirements for compensation as specified in article 35(3) of the Rules.

Consequently, Iran has failed to meet the evidentiary requirements for compensation as specified in article 35(3) of the Rules.

Iran proposes to consolidate, clean and protect archaeological sites and objects in Iran that were damaged by pollution from the oil well fires.

Consequently, Iran has failed to meet the evidentiary requirements for compensation as specified in article 35(3) of the Rules.

These include increased industrial development and other activities that could lead to higher levels of background air pollution and other health risk factors.

Consequently, Iran has failed to meet the evidentiary requirements for compensation specified in article 35(3) of the Rules.

Thus, it is possible that some persons in parts of Iran were exposed to carcinogens that were released from the oil well fires.

The law should also specify that, if the applicable law is not determined pursuant to the preceding two sentences, the applicable law is to be determined pursuant to fallback rules based on article 5 of the Hague Convention on the Law Applicable to Certain Rights in Respect of Securities Held with an Intermediary.

The fourth claim unit is for the costs of a long term epidemiological study and a medical screening programme to evaluate the impact of Iraq's invasion and occupation on public health in Kuwait.

Since the Government of Kuwait has not suffered any direct loss, Iraq states that this part of the claim unit should be dismissed.

According to Kuwait, the results of its monitoring and assessment study demonstrate that the emissions from the oil well fires resulted in increased concentrations of particulate matter in populated regions of Kuwait in quantities sufficient to cause premature deaths.

Iraq further argues that there is no evidence to suggest that acid rain occurred as a result of the smoke plume from the oil well fires in Kuwait.

Saudi Arabia further states that the soot degraded the desert ecosystems and that this continues to pose risks to livestock, flora and fauna that rely on the water in these basins.

Iraq further argues that Saudi Arabia has failed to adequately take into account parallel causes of damage that were unrelated to the conflict, particularly overgrazing.

Consequently, with regard to the claim for damage to areas other than the core and peripheral areas, the Panel finds that Saudi Arabia has failed to meet the evidentiary requirements for compensation as specified in article 35(3) of the Rules.

Electronic tagging of animals permitted to graze may be an effective enforcement tool (Allflex, 2004).

6. If a rule of law is compulsorily applicable to a contract of carriage of goods which is in, or is evidenced by, a paper document, that rule shall not be inapplicable to such a contract of carriage of goods that is evidenced by one or more data messages by reason of the fact that the contract is evidenced by such data message or messages instead of by a paper document.

New evidence, however, clearly indicates that the rules are being blatantly ignored.

The Appeals Chamber granted a motion under rule 115 for admission of additional evidence.

These include an oiled shoreline survey, an oceanographic survey and a marine and coastal ecological risk survey.

In order to relate the proposed preserves to the estimated ecological service losses, Saudi Arabia adopted a service gain ( uplift ) of 50 per cent.

However, after reviewing the projects as proposed by Saudi Arabia, the Panel considers that a number of modifications are necessary.

Consequently, Syria has failed to meet the evidentiary requirements for compensation as specified in article 35(3) of the Rules.

Consequently, the Panel found that Turkey had failed to meet the evidentiary requirements for compensation specified in article 35(3) of the Rules.

SUMMARY OF RECOMMENDATIONS Based on the foregoing, the Panel recommends that the amounts set out in table 26 be awarded in respect of the claims in the fifth F4 instalment.

(f) The lack of precision of various national laws and rules of proof on the basis of which courts justify restrictions on the right to freedom of opinion and expression.

The Industrial Relations Court is a quasi judicial tribunal and does not follow strict rules of evidence.

6. The draft texts of the Rules of Procedure and Evidence and of the Elements of Crimes shall be finalized before 30 June 2000.