Scientific Fact-finding at the International Court of Justice: An Appraisal in the Aftermath of the Whaling Case

• Published in: Leiden Journal of International Law
• Main Author: MBENGUE, MAKANE MOÏSE
• Format: Article in Journal/Newspaper
• Language: English
• Published: Cambridge University Press (CUP) 2016
• Subjects: Law; Political Science and International Relations; Antarctic; The Antarctic; Antarc*
• Online Access: http://dx.doi.org/10.1017/s0922156516000133; https://www.cambridge.org/core/services/aop-cambridge-core/content/view/S0922156516000133

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.