Science and the Precautionary Principle in International Courts and Tribunals: Expert Evidence, Burden of Proof and Finality by Caroline E. FosterScience and the Precautionary Principle in International Courts and Tribunals: Expert Evidence, Burden of Proof and Finality by Caroline E. Foster

Science and the Precautionary Principle in International Courts and Tribunals: Expert Evidence…

byCaroline E. Foster

Hardcover | April 29, 2011

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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 contextualizing developments in the taking of expert evidence and analyzing 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.
Title:Science and the Precautionary Principle in International Courts and Tribunals: Expert Evidence…Format:HardcoverProduct dimensions:400 pages, 8.98 × 5.98 × 0.87 inShipping dimensions:8.98 × 5.98 × 0.87 inPublished:April 29, 2011Publisher:Cambridge University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:052151326X

ISBN - 13:9780521513265

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Table of 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 disputes; 4. The role of adjudicators and the role of experts; Part III. Burden of Proof: 5. Getting to the heart of the rules on burden of proof; 6. Reversing the burden of proof to give effect to the precautionary principle; Part IV. The Finality of Adjudication: 7. Finality, revision and nullity in scientific cases; 8. Reassessment proceedings and res judicata; 9. Conclusion.