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
The Law & Practice of International Courts and Tribunals – Brill
Published: Jan 1, 2004
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