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
This chapter examines the practice of the European Court of Human Rights (ECtHR), the Inter-American Court of Human Rights (IACtHR), the African Court of Human and Peoples’ Rights (ACtHRP) and that of the ECOWAS Court. The analysis centers on comparable cases from their jurisprudence, where human rights claims have been filed due to health injuries allegedly caused by toxic exposure. The chapter addresses inter alia the role of the precautionary principle as a framing technique, applicable causal inquiries, the evidentiary practice of these fora and their deferential standards of review. It extensively criticizes the causal inquiry of the ECtHR, where causal links between toxic emissions and health injuries are apparently assessed based on non-scientific, intuitive proxies. From IACtHR jurisprudence the Human Rights and the Environment Advisory Opinion will also be discussed with respect to the causality-based jurisdiction the court announced.
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.
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.
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.