The Role of the Time Element in Providing Facts before ITLOS

This Chapter addresses the issue of the role of the temporal element in proving facts in inter-state proceedings with a view to demonstrating consistency in international adjudicative practice. While the study presents a broad-brush sketch of the practice of the ICJ and other inter-state adjudicative bodies, the main focus will be placed on the case law of the International Tribunal for the Law of the Sea. Next to the introduction, the contribution comes in three parts. Namely, the role of the time element is analysed, first, in its relationship with the principle of the burden of proof; second, with regard to the admissibility of evidence; last, in connection with issues of standard of evidence and assessment of the probative value of proofs.