Science and the precautionary principle in international courts and tribunals : expert evidence, burden of proof and finality / Caroline E. Foster.

Format:

Book

Author/Creator:

Foster, Caroline E., 1969- author.

Series:

Cambridge studies in international and comparative law (Cambridge, England : 1996) ; 79.

Cambridge studies in international and comparative law ; 79

Language:

English

Subjects (All):

Environmental law, International.

International courts.

Evidence (Law).

Precautionary principle.

Physical Description:

1 online resource (xxiii, 375 pages) : digital, PDF file(s).

Other Title:

Science & the Precautionary Principle in International Courts & Tribunals

Place of Publication:

Cambridge : Cambridge University Press, 2011.

Language Note:

English

Summary:

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 judgements and awards.

Contents:

Co-operation between disputing parties

Methods for taking expert evidence in scientific disputes

The role of adjudicators and the role of experts

Getting to the heart of the rules on burden of proof

Reversing the burden of proof to give effect to the precautionary principle

Finality, revision and nullity in scientific cases

Reassessment proceedings and res judicata.

Notes:

Title from publisher's bibliographic system (viewed on 05 Oct 2015).

Includes bibliographical references and index.

ISBN:

1-139-06283-2

1-107-21559-5

1-283-11219-1

1-139-07500-4

9786613112194

1-139-08182-9

1-139-07726-0

1-139-07954-9

0-511-97368-3

1-139-06923-3

OCLC:

726734748