Study on the principle of burden of proof and on evidence law before the International Court of Justice

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Evidence procedure before the International Court of Justice has not yet been developed as a branch of international law. Judges and academic researchers are apt to apply their national jurisprudence. Continental and Anglo-American legal systems have greatly different views on a court, so they are out of accord on evidence rules. Therefore, it cannot provide an adequate theory to the international society to make just a comparative study among theories on the principle of the burden of proof of national laws. We need a consciously legislative action as international law. And in doing so, it can be said that characteristic of ICJ as a court of the international society needs unique measures which are not seen in national laws.