members of the court or present arguments that would cause the court to
be persuaded
to decide on either for the plaintiff or defendant.
though in National courts the statement
Even
above is coined as burden of
proof which may include the burden of proof, burden of persuasion the
consideration
of the same produce the same result. The burden of proof
under the English law and in French law, the phrase 'la charge de la
preuve' connotes obligation to prove. In the book 'evidence before the
International
Court of Justice by Anna Riddell and Brendan Plant it was
stated on the burden of proof thus:
( the principal
former
difference
is that the
divides the burden of proof into two issues, one procedural and
one substantive,
substantive.
49.
between the tuio legal traditions
whereas
the civil law is concerned
only uiitl: the
s
However in trying to analyze the evidence presented
by the parties in
this case it must be clearly stated that the concept of burden of proof and
burden of evidence though may be interwoven are more recognized in
domestic law and would not be quite appropriate
international
for application in an
law court setting like this Court. In ELS1 case at page 86 of
the said Riddell and Plant's observations, the emphasis was to the effect
that,
"Applicant's case ...must be objectively and realistically seen as crossing
a bright line of proof Its case must be made by
evidence ..And
(Z
preponderance
the hard conclusion then is that unless Applicant
carry the twin burdens of proof and persuasion;
of the
can
can win eueru single
point to its cn:;e; and con cstablist: (lie ncccssari; causal lit.k. between
each one: the applicants couse of action does not hold water."
In B Cheng =General
principles
of Law as applied by International
Courts and Tribunals OUP London 1953 P.329, he said, " It means that
a party haoinq the burden to proof must not only bring evidence in
18