Skip to main content Accessibility help
×
Hostname: page-component-586b7cd67f-vdxz6 Total loading time: 0 Render date: 2024-11-22T19:08:40.008Z Has data issue: false hasContentIssue false

8 - Science Appears before the International Tribunal for the Law of the Sea

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

Katalin Sulyok
Affiliation:
ELTE University, Budapest
Get access

Summary

This chapter first identifies the numerous ways in which scientific knowledge may gain legal significance in environmental disputes brought before ITLOS. It then discusses the framing techniques with which ITLOS adjusts the science-intensity of its legal inquiry. In particular, deeming science-intensive disputes justiciable, crafting precautionary justifications, mandating the parties’ expert-led co-operation in scientific issues, and utilizing scientific progress for setting a high bar for states’ due diligence obligations will be discussed. As to fact-finding, the chapter discusses the variety of evidentiary powers granted to the tribunal, and shows that it primarily relies on party-adduced evidence, while leaves its novel fact-finding avenues underutilized. The chapter concludes with discussing the causal tests announced by the tribunal on the rare occasions it has laid out a causal inquiry.

Type
Chapter
Information
Science and Judicial Reasoning
The Legitimacy of International Environmental Adjudication
, pp. 241 - 260
Publisher: Cambridge University Press
Print publication year: 2020

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure [email protected] is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×