Scientific Fact-finding at the International Court of Justice: An Appraisal in the Aftermath of the Whaling Case
Abstract The 2014 judgment of the International Court of Justice, regarding Whaling in the Antarctic , brought into focus scientific fact-finding in disputes before the Court. This article examines the Court's practice with respect to first, the mode of appointment and method of examining exper...
| Published in: | Leiden Journal of International Law |
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| Format: | Article in Journal/Newspaper |
| Language: | English |
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Cambridge University Press (CUP)
2016
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| Online Access: | http://dx.doi.org/10.1017/s0922156516000133 https://www.cambridge.org/core/services/aop-cambridge-core/content/view/S0922156516000133 |
| Summary: | Abstract The 2014 judgment of the International Court of Justice, regarding Whaling in the Antarctic , brought into focus scientific fact-finding in disputes before the Court. This article examines the Court's practice with respect to first, the mode of appointment and method of examining experts assisting the Court in fact-finding; and second, the standard of review employed in analysing a scientific fact to arrive at a judicial decision. In doing so, the article also refers to jurisprudence of the World Trade Organization to draw parallels and best practices therefrom. This analysis is aimed at structuring a coherent and predictable approach for scientific fact-finding before the International Court of Justice. |
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