Book contents
- Science and Judicial Reasoning
- Cambridge Studies On Environment, Energy And Natural Resources Governance
- Science and Judicial Reasoning
- Copyright page
- Dedication
- Contents
- Tables
- Foreword
- Acknowledgements
- Author Note
- Table of Cases
- Abbreviations
- Part I The Three-Fold Challenge of Engaging with Science in International Environmental Adjudication
- Part II Techniques for Judicial Engagement with Science in the Practice of International Courts and Tribunals
- 3 Judicial Engagement with Science in the Environmental Case Law of the International Court of Justice
- 4 Science in the Practice of Inter-State Arbitral Tribunals
- 5 Science in the Environmental Jurisprudence of Regional Human Rights Courts
- 6 Scientific Claims before the WTO
- 7 Science in the Practice of Investment Arbitral Tribunals
- 8 Science Appears before the International Tribunal for the Law of the Sea
- Part III Engaging with Scientific Knowledge in the Judicial Reasoning
- Bibliography
- Index
3 - Judicial Engagement with Science in the Environmental Case Law of the International Court of Justice
from Part II - Techniques for Judicial Engagement with Science in the Practice of International Courts and Tribunals
Published online by Cambridge University Press: 15 October 2020
- Science and Judicial Reasoning
- Cambridge Studies On Environment, Energy And Natural Resources Governance
- Science and Judicial Reasoning
- Copyright page
- Dedication
- Contents
- Tables
- Foreword
- Acknowledgements
- Author Note
- Table of Cases
- Abbreviations
- Part I The Three-Fold Challenge of Engaging with Science in International Environmental Adjudication
- Part II Techniques for Judicial Engagement with Science in the Practice of International Courts and Tribunals
- 3 Judicial Engagement with Science in the Environmental Case Law of the International Court of Justice
- 4 Science in the Practice of Inter-State Arbitral Tribunals
- 5 Science in the Environmental Jurisprudence of Regional Human Rights Courts
- 6 Scientific Claims before the WTO
- 7 Science in the Practice of Investment Arbitral Tribunals
- 8 Science Appears before the International Tribunal for the Law of the Sea
- Part III Engaging with Scientific Knowledge in the Judicial Reasoning
- Bibliography
- Index
Summary
This chapter identifies an evolving trend in the ICJ’s engagement with science, which has started with the marginalization of scientific evidence, continued with making superficial evidentiary assessments, but ultimately demonstrated an increasing willingness to engage with science. As to framing techniques, mandating the parties’ negotiations in science-intensive questions, the prevalence of finding procedural breaches as well as decoupling the notion of ’risk’ from substantive, scientific criteria will be discussed. In terms of fact-finding, the chapter addresses evolving procedures for taking expert evidence, and applicable standards of proof. The causal analysis evidences the Court’s struggle with establishing the requisite proof in cases of uncertain causation. As to the standard and extent of review, the study examines the reasonableness test, and defends the majority's solution in the Whaling in the Antarctic case based on insights from Science and Technology Studies.
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- Science and Judicial ReasoningThe Legitimacy of International Environmental Adjudication, pp. 69 - 117Publisher: Cambridge University PressPrint publication year: 2020