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
4 - Science in the Practice of Inter-State Arbitral Tribunals
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 analyses the environmental case practice of ad hoc inter-state tribunals and arbitral panels established under the aegis of the Permanent Court of Arbitration. Judicial techniques to reflect on the scientific profile of cases are analysed in light of the Bering Sea Fur Seals, Trail Smelter, Lake Lanoux, MOX Plant, MOX Plant OSPAR, Iron Rhine, Southern Bluefin Tuna, Kishenganga, and South China Sea Arbitrations. The chapter examines how adjudicators frame the legally relevant aspects of science-intensive disputes, and the varied avenues tribunals utilize for gathering expert advice. It discusses the significance of appointing independent experts. The chapter also examines the science-based causal inquiries and causal tests from the practice of arbitral tribunals.
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- Science and Judicial ReasoningThe Legitimacy of International Environmental Adjudication, pp. 118 - 138Publisher: Cambridge University PressPrint publication year: 2020