Cross-border taking of evidence in civil and commercial matters in Switzerland, South Africa, Botswana, Namibia, Nigeria, and Uganda

Více o knize

The book explores the cross-border taking of evidence in civil and commercial matters concerning Switzerland, South Africa, Botswana, Namibia, Nigeria, and Uganda. This process is influenced by the domestic laws of both the requesting and the hosting states, as well as public international law, particularly the principle of sovereignty. The admissibility of evidence-gathering hinges on whether it is viewed as a judicial act that infringes on sovereignty or as a private act. If deemed a judicial act, evidence must be obtained through international judicial assistance, either via treaties or courtoisie internationale. In cases of "transfer of foreign evidence," no such assistance is needed as long as no coercive measures violate the foreign state's sovereignty. The analysis includes the Hague Evidence Convention and the Hague Procedure Convention, detailing how evidence from the mentioned countries can be accessed for civil proceedings abroad without relevant treaties. It also discusses the conditions under which litigants may request evidence from foreign jurisdictions. The study assesses the current status of cross-border evidence-taking in these nations and proposes improvements, aiming to establish foundational principles for a convention on evidence-taking among them, contingent upon identifying procedural similarities and differences in their laws.