Science and the precautionary principle in international courts expert evidence, burden of proof and finality
By: Caroline E. Foster
Publisher: Cambridge University Press
Published: 2011
Place of publication: New York
Language: eng
Number of pages: 375
ISBN-13: 9780521513265
Description: "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 judgments and awards. 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 Gabci;kovo-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." -- Publisher's information.

How should uncertainties implicit in scientific evidence be dealt with in international legal disputes relating to health and the environment?
Notes: Includes bibliographical references and index.
Table of contents: title: Cooperation between disputing parties; title: Methods for taking expert evidence in scientific disputes; title: The role of adjudicators and the role of experts; title: Getting to the heart of the rules on burden of proof; title: Reversing the burden of proof to give effect to the precautionary principle; title: Finality, revision and nullity in scientific cases; title: Reassessment proceedings and res judicata.