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

By:

Foster, Caroline E, 1969-

Material type: Text

TextSeries: Cambridge studies in international and comparative law (Cambridge, England : 1996)Publication details: New York : Cambridge University Press, 2011.Description: 1 online resource (xxiii, 375 pages)Content type:

text

Media type:

computer

Carrier type:

online resource

ISBN:

9781139077262
1139077260
9780511973680
0511973683
9780521513265
052151326X

Subject(s): Genre/Form:

Electronic books.

Additional physical formats: Print version:: Science and the precautionary principle in international courts and tribunals.DDC classification:

344.04/6 22

LOC classification:

K3585 .F67 2011eb

Other classification:

86.75
86.66

Online resources:

Click here to access online

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.

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.

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Item type	Home library	Collection	Call number	Materials specified	Status	Date due	Barcode
Electronic-Books	OPJGU Sonepat- Campus	E-Books EBSCO			Available

Includes bibliographical references (pages 349-364) and index.

Print version record.

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.

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