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  • Open Daily: 10am - 10pm
    Alley-side Pickup: 10am - 7pm

    3038 Hennepin Ave Minneapolis, MN
    612-822-4611

Open Daily: 10am - 10pm | Alley-side Pickup: 10am - 7pm
3038 Hennepin Ave Minneapolis, MN
612-822-4611
Science and the Precautionary Principle in International Courts and Tribunals: Expert Evidence, Burden of Proof and Finality

Science and the Precautionary Principle in International Courts and Tribunals: Expert Evidence, Burden of Proof and Finality

Foster, Caroline E.

Paperback

Series: Cambridge Studies in International and Comparative Law, Book 79

General Law

ISBN10: 1107669030
ISBN13: 9781107669031
Publisher: Cambridge
Published: Oct 10 2013
Pages: 400
Weight: 1.17
Height: 0.82 Width: 6.00 Depth: 9.00
Language: English
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.

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