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Science and the Precautionary Principle in International Courts and Tribunals - Expert Evidence, Burden of Proof and Finality (Hardcover)
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Science and the Precautionary Principle in International Courts and Tribunals - Expert Evidence, Burden of Proof and Finality (Hardcover)
Series: Cambridge Studies in International and Comparative Law
Expected to ship within 12 - 17 working days
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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 Gabcikovo 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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