PAIL Institute Publications

PAIL Institute Monograph Series

The Use of Experts by International Tribunals

Author(s): White, Gillian M.

Hardcover - 259 pages (1965)
ISBN: 1-57588-378-3; LC: 65-15853

Price: US $50.00

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About This Publication

This volume was conceived when the aiuthor, undertaking research for a large corporation engaged in international litigations involving the use of experts, was unable to find any source book dealing with the problem. Now she has provided international lawyers with a down-to-earth study which should stand for years as the essential work in this increasingly active area of international law.

Dr. White's detailed study examines the use of experts by national tribunals as well as by international courts. Thoroughly annotated, it includes an extensive bibliography and a table of cases. Draft model clauses on rexperts are provided in an appendix.

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About The Author(s)

Gillian M. White . . ..

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Reviews

Fawcett, Cambridge Law Journal
This is the fourth study in the series, . . . under the general editorship of Richard B. Lillich, on procedural aspects of international law. The topic which Dr. White has chosen might seem narrow but, in handling it with both fine scholarship and imagination, she has not only produced a most valuable survey of the practice of international tribunals but has illuminated basic issues of the place of fact and the elucidation of fact in any judicial process. . . . Altogether this is a study of outstanding quality, instructive of international law and of practical help to all those who have to do with the working of international tribunals.

Green, Canadian Bar Review
Dr. White's book will prove of inestimable value to the practitioner appearing before tribunals which may have cases to be presented with expert testimony. It has, however, a pedagogical value. It serves as a brilliant example for the good graduate student of the value of research from original materials and may encourage them to seek for further fields to conquer, while the form of presentation and the facility of the language themselves constitute examples worthy of imitation.

Sandifer, Journal of Legal Education
The author . . . states that the object of her study has been to survey the 'practice of as many tribunals in as many discussions relating to the use of experts as were recorded in generally available reports . . . . The method has been skillfully used, the finished product giving the impression of a thoroughly integrated pattern of law and practice, comprehensive as well as representative. If any case of consequence has been overlooked it is not apparent to this reviewer. . . . This book will be an indispensable handbook for practitioners of international law, and a lasting contribution to the law of international judicial proceedings.

Devi, Indian Yearbook of International Law
Although there have appeared a few articles on the use of experts in courts, hitherto, no article has been written on the use of experts by international tribunals, much less, a book. The book under review by the learned author is, therefore, verily a pioneer work in this field. . . . Dr. Gillian White commands a lucid style and the book provides a rich intellectual fare. The author deserves to be congratulated on her very valuable work.

Revue de Droit International
With this work, the author contributes to international jurisprudence an objective study, which should remain for a long time an essential book in this increasingly active sphere of international law.

Hertzfeld, Harvard International Law Journal
The use of experts by international tribunals has not been the subject of any serious, systematic study prior to that of Dr. White's. In her book, the author has carefully and thoroughly sifted the available, though regrettably sparse, materials on her topic and has presented it in a clear, concise fashion. From the decisions relating to the use of independent experts in both ad hoc and permanent international tribunals, she has managed to extract general rules and principles. Although this volume does not disclose any startling innovational developments in international litigation, to lawyers engaged in international litigation and to students interested in this field it should prove useful as a fully annotated source of reference.

Jacoby, Federal Bar Journal
The monograph under review, written by a British author, deals with a subject in which practically no international law literature of any significance existed. True, at present the role of international tribunals unfortunately is rather limited; still, the field potentially is of widest import and the publication achieves the distinction of being a more 'legal' treatise in the area of international law than many other recent monographs dealing with topics verging upon the fields of diplomatic relations or international economics.

George Washington Law Review
Dr. White's detailed study examines the use of expert witnesses by international as well as national tribunals. Thoroughly annotated, it includes an extensive bibliography and an up-to-date table of cases. . . . The work is a must for those considering the use of expert witnesses in international tribunals.

Baldwin, Fordham Law Review
Miss Gillian White's book . . . demonstrates the careful training and incisive analysis characteristic of the best English legal training. . . .

Weissberg, American Journal of International Law
The practitioner will undoubtedly appreciate the significance of procedural rules, whatever the substantive area of law in which he is engaged, and in this regard international law presents no exception. Since studies on procedural aspects of international law are comparatively sparse, as this reviewer can attest from his own experience, a useful monograph dealing with this facet of the law is a welcome addition to the literature. And so it is with the volume under review.

J.L.S., Law Quarterly Review
No one who has had to struggle with the complexity of the issues often raised in international cases or who is aware of the enormous bulk of even the 'generally available reports' will fail to recognize that a considerable expenditure of time and effort lies behind the production of this work, the fourth volume in the Procedural Aspects of International Law Series. . . .

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Availability

The Use of Experts by International Tribunals is available from:

William S. Hein & Co., Inc.
1285 Main Street
Buffalo, NY 14209

(716) 882-2600
(800) 828-7571 (toll free)
(716) 883-8100 (fax)
e-mail: mail@wshein.com
website: http://www.wshein.com/
Hein Item #: 306640

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Table of Contents

	Foreword					vii
	Acknowledgments					xi
I.	Expert Aid and the Nature of International Proceedings					1
II.	Use of Experts by Municipal Courts					15
	Historical					15
	The Current Position					17
		France				17
		Germany				19
		Italy				20
		England				20
		United States of America				28
III.	Competence of International Tribunals to Call Upon Experts — Express Competence					34
	The Permanent Court of International Justice					36
	The International Court of Justice					43
		Application of These Provisions to Advisory Procedure				43
		Application to Summary Procedure				46
		Provisions for Technical Assessors				46
	The I.C.J., Proof of Municipal Law, and Article 50 of the Statute					47
	Other Arbitral Tribunals					49
	Specialized Tribunals Established under Treaties					50
	1.	The Conciliation Commissions Under the 1947 Peace Treaties				52
	2.	The United States-Japanese Property Commission Under the 1951 Peace Treaty				54
	3.	Tribunals Set Up by the Bonn-Paris Conventions with Germany				55
	European Convention for the Protection of Human Rights and Fundamental Freedoms					61
	O.E.C.D. Nuclear Energy Security Control Tribunal					66
	W.E.U. Tribunal for the Protection of Private Interests					69
	Arbitration under the European Fisheries Convention, 1964					70
	The International Law Commission's Draft Articles					71
	Conclusion					72
IV.	Competence of International Tribunals to Call Upon Experts — Implied Competence					73
V.	Boundary Cases					83
VI.	Determination of Facts Which, if Established, Would Give Rise to International Responsibility					104
VII.	Questions of Valuation and Damages					128
VIII.	Settling a Regime for the Future					150
IX.	The Role of Experts					163
X.	Privileges and Immunities of Experts					183
	The P.C.I.J. and the I.C.J.					184
	Denmark					192
	Finland					192
	Sweden					193
	Switzerland					194
	United Kingdom					195
	Other Tribunals					196
XI.	Fees and Expenses					197
	In General					197
	Ad Hoc Tribunals					197
	Permanent Tribunals					203
Appendix I.    The Court of Justice of the European Communities						211
Appendix II.    Two National Claims Commissions						226
Appendix III.    Draft Model Clauses on Experts						242
	Bibliography					245
	Table of Cases					251
	Index					255