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
5 - Science in the Environmental Jurisprudence of Regional Human Rights Courts
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 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.
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- Information
- Science and Judicial ReasoningThe Legitimacy of International Environmental Adjudication, pp. 139 - 177Publisher: Cambridge University PressPrint publication year: 2020