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Science and the Precautionary Principle in International Courts and Tribunals

Science and the Precautionary Principle in International Courts and Tribunals Expert Evidence, Burden of Proof and Finality

Name: Science and the Precautionary Principle in International Courts and Tribunals
Brand: Cambridge University Press
SKU: 9780521513265
Price: 983.58 HKD
Availability: OutOfStock
Author: Caroline E. Foster
ISBN: 9780521513265

By Caroline E. Foster

Cambridge University Press March 2011

Specifications

ISBN-13: 9780521513265
Publisher: Cambridge University Press
Publication: March 2011
Format: Hardback
Jurisdiction: International ? Countri(es) for reference only

Details

By canvassing a range of international scientific disputes, including:-

the EC-Biotech and EC-Hormones disputes in the WTO,
the Case concerning Pulp Mills
and the Gabcíkovo–Nagymaros case in the International Court of Justice,
and the Mox Plant and Land Reclamation cases dealt with under the United Nations Convention on the Law of the Sea,

Caroline Foster examines how the precautionary principle can be accommodated within the rules about proof and evidence and advises on the boundary emerging between the roles of experts and tribunals.

A new form of reassessment proceedings for use in exceptional cases is proposed. Breaking new ground, this book seeks to advance international adjudicatory practice by contextualising developments in the taking of expert evidence and analysing the justification of and potential techniques for a precautionary reversal of the burden of proof, as well as methods for dealing with important scientific discoveries subsequent to judgments and awards.

Contents:: Part I. Context and Theory:; 1. Introduction; 2. Cooperation between disputing parties; Part II. Expert Evidence:; 3. Methods for taking expert evidence in scientific disputesp 4. The role of adjudicators and the role of expertsp Part III. Burden of Proof:; 5. Getting to the heart of the rules on burden of proofp 6. Reversing the burden of proof to give effect to the precautionary principlep Part IV. The Finality of Adjudication:; 7. Finality, revision and nullity in scientific casesp 8. Reassessment proceedings and res judicata; 9. Conclusion.