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

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 assist...

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Bibliographic Details
Published in:Leiden Journal of International Law
Main Author: Mbengue, Makane Moïse
Format: Article in Journal/Newspaper
Language:English
Published: 2016
Subjects:
Online Access:https://archive-ouverte.unige.ch/unige:135661
Description
Summary: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.