Skip to main content Accessibility help

We use cookies to distinguish you from other users and to provide you with a better experience on our websites. Close this message to accept cookies or find out how to manage your cookie settings.

Close cookie message
×
  1. Home
  2. Search

Refine search

Refine search

Access:
Content type:
Publication date:
Apply   From and To filters
Subject: Show more
Journals Show more
Publishers: Show more
Societies Show more
Series: Show more
Collections: Show more

Actions for selected content:

Select all | Deselect all
  • View selected items
  • Export citations
  • Download PDF (zip)
  • Save to Kindle
  • Save to Dropbox
  • Save to Google Drive

Save Search

You can save your searches here and later view and run them again in "My saved searches".

Please provide a title, maximum of 40 characters.
Cancel
×

1 results

  • 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
  • Katalin Sulyok
  • Book:
    Science and Judicial Reasoning
    Published online:
    15 October 2020
    Print publication:
    29 October 2020, pp 69-117

  • 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.