Home
Law
Administrative / Constitutional Law
Science and Judicial Reasoning: The Legitimacy of International Environmental Adjudication

Science and Judicial Reasoning: The Legitimacy of International Environmental Adjudication

Name: Science and Judicial Reasoning: The Legitimacy of International Environmental Adjudication
Brand: Cambridge University Press
SKU: 9781108489669
Price: 1374.49 HKD
Availability: InStock
Author: Katalin Sulyok
ISBN: 9781108489669

By Katalin Sulyok

Cambridge University Press October 2020

Specifications

ISBN-13: 9781108489669
Publisher: Cambridge University Press
Publication: October 2020
Format: Hardback
Jurisdiction: U.K. ? Countri(es) for reference only

Also available as

Paperback

Details

Science, which inevitably underlies environmental disputes, poses significant challenges for the scientifically untrained judges who decide such cases. In addition to disrupting ordinary fact-finding and causal inquiry, science can impact the framing of disputes and the standard of review. Judges must therefore adopt various tools to adjust the level of science allowed to enter their deliberations, which may fundamentally impact the legitimacy of their reasoning. While neglecting or replacing scientific authority can erode the convincing nature of judicial reasoning, the same authority, when treated properly, may lend persuasive force to adjudicatory findings, and buttress the legitimacy of judgments. In this work, Katalin Sulyok surveys the environmental case law of seven major jurisdictions and analyzes framing techniques, evidentiary procedures, causal inquiries and standards of review, offering valuable insight into how judges justify their choices between rival scientific claims in a convincing and legitimate manner.

Part I. The Three-Fold Challenge of Engaging with Science in International Environmental Adjudication:

1. Introduction to a comparative study on judicial engagement with science

2. The rules of judicial engagement with science: a three-fold challenge

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:

9. Trends in judicial engagement with science: a comparative assessment

10. Science and the legitimacy of judicial reasoning

11. Conclusion

Bibliography

Index

HKD 1,374.49 −3%

HKD 1,417.00

Inclusive of HK delivery

Ready to ship

Quantity

Delivery Time: around 4-5 weeks

Extra 10 working days if shipping address outside Hong Kong

Free HK shipping over HK$1,000
International shipping to 35+ countries

Order Form

Save

Recommended

Your basket

Science and Judicial Reasoning: The Legitimacy of International Environmental Adjudication

Details

Table of Contents

You may also be interested in these books:

Algorithmic Regulation and Personalized Law: A Handbook

Constitutionalism: Old Dilemmas, New Insights

A Theory of the Executive Branch: Tension and Legality

Against the New Constitutionalism

Law and Justice in Australia

Judicial Review in Hong Kong, 3rd Edition