Abstract
AbstractThe 2014 judgment of the International Court of Justice, regarding Whaling in the Antarctic, brought into focus scientific fact-finding in disputes before the Court. This article examines the Court's practice with respect to first, the mode of appointment and method of examining experts assisting the Court in fact-finding; and second, the standard of review employed in analysing a scientific fact to arrive at a judicial decision. In doing so, the article also refers to jurisprudence of the World Trade Organization to draw parallels and best practices therefrom. This analysis is aimed at structuring a coherent and predictable approach for scientific fact-finding before the International Court of Justice.
Publisher
Cambridge University Press (CUP)
Subject
Law,Political Science and International Relations
Reference18 articles.
1. The ICJ’s Handling of Science in the Whaling in the Antarctic Case: A Whale of a Case?
2. International Courts and Tribunals as Fact-Finders: The Case of Scientific Fact-Finding in International Adjudication;Mbengue;Loy. L.A. Int'l and Comp. L. Rev.,2011
3. Science and the Precautionary Principle in International Courts and Tribunals
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12 articles.
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