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

国际法院的证据程序尚未发展成为国际法的一个分支。法官和学术研究人员倾向于运用本国的法学。大陆法系和英美法系对法院的认识存在较大差异，因此在证据规则上存在分歧。因此，仅仅对国内法举证责任原则的理论进行比较研究，并不能为国际社会提供足够的理论依据。我们需要一个自觉的立法行动作为国际法。在这样做的过程中，可以说国际法院作为国际社会法院的特点需要在国内法中看不到的独特措施。

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.