Skip to main content Accessibility help
×
Hostname: page-component-78c5997874-j824f Total loading time: 0 Render date: 2024-11-08T08:36:07.775Z Has data issue: false hasContentIssue false

6 - Scientific Claims before the WTO

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

Katalin Sulyok
Affiliation:
ELTE University, Budapest
Get access

Summary

This chapter surveys several entry points through which science becomes legally relevant in WTO law and in trade disputes. It reviews the elaborate techniques of WTO panels and the Appellate Body to engage with scientific evidence in cases involving environmental and health risks. The chapter addresses the WTO’s expert consultation system and discusses the changing canons of deference afforded to WTO members in adopting science-based SPS measures. It extensively analyses the epistemic nature and significance of the two-stage standard of review, under which WTO dispute settlement bodies scrutinize the coherence of the reasoning provided by the risk assessor. The chapter concludes with identifying argumentative techniques in the WTO jurisprudence justifying adjudicatory conclusions concerning scientific evidence and arguments. It distinguishes reasoning methods built on scientific, intuitive, and legal rationality. The chapter also identifies an additional particular reasoning style, which utilizes concepts that are labelled as 'hybrid' benchmarks.

Type
Chapter
Information
Science and Judicial Reasoning
The Legitimacy of International Environmental Adjudication
, pp. 178 - 211
Publisher: Cambridge University Press
Print publication year: 2020

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure [email protected] is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×