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book (3)


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English (3)


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2021 (1)

2011 (2)

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Book
Science and the precautionary principle in international courts and tribunals : expert evidence, burden of proof and finality
Author:
ISBN: 9781107669031 9780521513265 9780511973680 052151326X Year: 2011 Publisher: Cambridge Cambridge University Press


Book
Science and the precautionary principle in international courts and tribunals
Author:
ISBN: 1107215595 1283112191 1139075004 9786613112194 1139081829 1139077260 1139079549 0511973683 1139069233 9781139077262 9780511973680 9780521513265 052151326X 1107669030 1139062832 Year: 2011 Publisher: New York Cambridge University Press

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Abstract

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.


Book
Global regulatory standards in environmental and health disputes : regulatory coherence, due regard, and due diligence
Author:
ISBN: 0192538535 0191847828 Year: 2021 Publisher: Oxford, England : Oxford University Press,

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Abstract

This book explores the role played by international courts and tribunals in the development of global regulatory standards. Focusing on regulatory coherence, due regard for the rights of others, and due diligence in the prevention of harm, the book considers how such standards represent a new relationship between domestic and international law.

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