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Presumptions and Inferences in Evidence in International Litigation

Presumptions and Inferences in Evidence in International Litigation The Law and Practice of International Courts and Tribunals 3 : 395–410, 2004 © 2004 Koninklijke Brill NV, Leiden, The Netherlands PRESUMPTIONS AND INFERENCES IN EVIDENCE IN INTERNATIONAL LITIGATION C.F. A MERASINGHE ∗ A presumption requires that a finding of a basic fact give rise to the existence of a presumed fact. Clearly, the conclusion relates to an unknown fact. The basic fact or facts found to exist may be established by evidence or by another presumption. An important feature is that the basic fact or facts are found or otherwise established. The conclusion of fact is presumed or arises from a presumption, proof is not required of the conclusion of fact. Presumptions may be rebuttable or irrebuttable (or conclusive). Rebuttable presumptions permit the presumption of fact to be overturned generally by evidence. Irrebuttable presumptions may not be so overturned. Presumptions prescribed by law requiring conclusions of fact from established facts are generally described as “legal presumptions” but are sometimes referred to as rules of law, on account of the reality that the law makes them applicable in reasoning in regard to the facts. But there are situations also in which courts draw inferences from established facts. These http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png The Law & Practice of International Courts and Tribunals Brill

Presumptions and Inferences in Evidence in International Litigation

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Publisher
Brill
Copyright
© 2004 Koninklijke Brill NV, Leiden, The Netherlands
ISSN
1569-1853
eISSN
1571-8034
DOI
10.1163/1571803042781832
Publisher site
See Article on Publisher Site

Abstract

The Law and Practice of International Courts and Tribunals 3 : 395–410, 2004 © 2004 Koninklijke Brill NV, Leiden, The Netherlands PRESUMPTIONS AND INFERENCES IN EVIDENCE IN INTERNATIONAL LITIGATION C.F. A MERASINGHE ∗ A presumption requires that a finding of a basic fact give rise to the existence of a presumed fact. Clearly, the conclusion relates to an unknown fact. The basic fact or facts found to exist may be established by evidence or by another presumption. An important feature is that the basic fact or facts are found or otherwise established. The conclusion of fact is presumed or arises from a presumption, proof is not required of the conclusion of fact. Presumptions may be rebuttable or irrebuttable (or conclusive). Rebuttable presumptions permit the presumption of fact to be overturned generally by evidence. Irrebuttable presumptions may not be so overturned. Presumptions prescribed by law requiring conclusions of fact from established facts are generally described as “legal presumptions” but are sometimes referred to as rules of law, on account of the reality that the law makes them applicable in reasoning in regard to the facts. But there are situations also in which courts draw inferences from established facts. These

Journal

The Law & Practice of International Courts and Tribunals – Brill

Published: Jan 1, 2004

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