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
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
- 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 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.
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- Science and Judicial ReasoningThe Legitimacy of International Environmental Adjudication, pp. 241 - 260Publisher: Cambridge University PressPrint publication year: 2020