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

Name: Science and the Precautionary Principle in International Courts and Tribunals: Expert Evidence, Burden of Proof and Finality
Brand: Atlantic Books
SKU: 9781107669031
Price: 5132.0 INR
Availability: InStock

by Caroline E. Foster

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ISBN13: 9781107669031
Binding: Paperback
Subject: N/A
Publisher: Cambridge University Press
Publisher Imprint: Cambridge University Press
Publication Date: October 10, 2013
Pages: 400
Original Price: GBP 40.0
Language: English
Edition: Reprint
Item Weight: 531 grams
BISAC Subject(s): Environmental

About The Book

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.

About The Author

Foster, Caroline E.: - Caroline E. Foster is a senior lecturer in the Faculty of Law at the University of Auckland, New Zealand. She also advises governments and NGOs on matters relating to disputes before international courts and tribunals and issues arising in public international law more generally.

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