Fraudulent Evidence Before Public International Tribunals: by W. Michael Reisman

By W. Michael Reisman

Family legal professionals are, particularly, officials of the court docket. against this, the general public foreign legal professional representing states sooner than foreign tribunals is torn among loyalties to the country and loyalties to foreign legislation. because the stakes bring up for the country involved, the strain among those loyalties can turn into acute and result in practices that will be condemned in constructed nationwide felony structures yet have hitherto been overlooked by way of foreign tribunals in foreign felony scholarship. they're the 'dirty tales' of overseas legislation. This specific and contextually delicate presentation of 8 vital situations earlier than various public overseas tribunals dissects many of the purposes for the lodge to fraudulent proof in foreign litigation and the profession's baffling response. Fraudulent facts is resorted to out of greed, ethical mediocrity or inherent dishonesty. In public foreign litigation, in contrast, the explanations are usually extra complicated, with roots within the dynamics of foreign politics.

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94. See K. S. Carlston, The Process of International Arbitration (Columbia University Press, 1946), p. 17. For example, one administrative ruling governed all of the claims brought under the sinking of the Lusitania. See Anderson, Report of American Commissioner, p. 6. See Carlston, The Process of International Arbitration, p. 17. , 21; see Kiesselbach, Problems of the German-American Claims Commission, pp. 17, 21. , 8. See Mixed Claims Commission, Administrative Decisions and Opinions of a General Nature, p.

54. , 51. , 53. , 306. “American Brief for Washington Argument,” pp. 75–78. 36 The Sabotage Cases: suborned witnesses be from Wozniak to Baran and others, were sent while Wozniak was en route to Mexico. But apparently Baran had forged these letters to support the US theory and had then sold them to the Canadian Car and Foundry Co. 157 Certainly, the German Agent seemed directly implicated while it was arguable that the American claimants may have been victims of unscrupulous witnesses. The Lyndhurst testimony The so-called Lyndhurst testimony consisted of the affidavits of several workers at the Kingsland plant, who had observed the events leading up to the fire at Wozniak’s workstation.

981. ; “Brief for Claimant” in United States ex rel. Lehigh Valley RR v. Germany (Mixed Cl. Comm’n 21 May 1928) (No. 8103), pp. 13–14; “Final Brief for the Underwriters” in United States ex rel. Lehigh Valley RR v. Germany (Mixed Cl. Comm’n 22 Mar. 1930) (No. 8103), pp. 64–67. See 1930 Hamburg Decision, p. 983. , 992. 105 As for Hinsch, the Commission found it even more unlikely that he had been involved (under the alias Grantnor or otherwise), given his statements that he had ceased all sabotage activities when he began working on the commercial U–boat service106 which had been established to transport goods from the United States to Germany as the means of evading the British blockade.

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