Reference : Evidence Requirements before 19th Century Anti-Slave Trade Jurisdictions and Slavery ...
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Evidence Requirements before 19th Century Anti-Slave Trade Jurisdictions and Slavery as a Standard of Treatment
Erpelding, Michel mailto [Max Planck Institute Luxembourg for Procedural Law > Department of International Law and Dispute Resolution > > Senior Research Fellow]
International Law and Litigation: A Look Into Procedure
Ruiz Fabri, Helene mailto
Studies of the Max Planck Institute Luxembourg for International, European and Regulatory Procedural Law, 15
[en] history of international law ; slavery ; international adjudication
[en] This paper (originally written in 2016) presents the evidence requirements applicable before 19th century anti-slave trade courts. It examines several emblematic cases showing that de jure considerations (such as the emancipated status of passengers, or even the fact that slavery did no longer exist in the country of destination) did not prevent judges from holding, based on a de facto standard of treatment, that acts of slave trading had been committed.
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