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This chapter details the process of examining human rights claims by international bodies. It covers the burden of proof, sources of evidence, free evaluation of evidence, framing of legal disputes, friendly settlements, and provisional measures, highlighting the procedural aspects and powers of international bodies in handling claims. The chapter examines the standards of proof, the methods of gathering and assessing evidence, and the procedures for resolving disputes. It also discusses the role of provisional measures in protecting human rights during the examination process and the importance of ensuring fairness and transparency in international human rights litigation.
The essay deals with certain problems concerning the logical structure of evidential inferences. First of all, certain premises are expounded, mainly about the nature and the function of evidence in connection with the theories of judicial decisions. The core of the essay is then devoted to the analysis of such inferences, based mainly upon the inferential model proposed by Toulmin. This model is used in order to examine the most important and frequent situations in which complex sets of inferences are necessary to achieve a rationally justified decision. The final part is devoted specifically to the problem of statistical evidence in general and in cases of toxic torts.
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