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Science and law --- Environmental law, International. --- International courts. --- Evidence (Law) --- Precautionary principle. --- Sciences et droit --- Environnement (Droit international) --- Tribunaux internationaux --- Preuve (Droit) --- Principe de précaution --- Evidence (Law). --- Environmental law --- International law --- Environmental law, International --- International courts --- Precautionary principle --- Science and law.
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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 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.
Environmental law, International. --- International courts. --- Evidence (Law) --- Precautionary principle. --- Precautionary approach --- Environmental law --- Environmental risk assessment --- Extrinsic evidence --- Parol evidence --- Trial evidence --- Actions and defenses --- Judicial process --- Trial practice --- Estoppel --- International tribunals --- Tribunals, International --- Courts --- Jurisdiction (International law) --- International environmental law --- International law --- Common heritage of mankind (International law) --- Law --- General and Others
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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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