Cookies Policy

This site uses cookies. By continuing to browse the site you are agreeing to our use of cookies.

I accept this policy

Find out more here

42. Science and International Litigation

Brill’s MyBook program is exclusively available on BrillOnline Books and Journals. Students and scholars affiliated with an institution that has purchased a Brill E-Book on the BrillOnline platform automatically have access to the MyBook option for the title(s) acquired by the Library. Brill MyBook is a print-on-demand paperback copy which is sold at a favorably uniform low price.

Access this chapter

+ Tax (if applicable)

Chapter Summary

International courts and tribunals are increasingly faced with arguments concerning factual matters that require scientific or technical expertise. This chapter explores the relationship between science and law, by reference to three cases related to the protection of water quality and related matters. They indicate different ways in which issues of a scientific and technical character may be addressed before the courts, including the International Court of Justice (ICJ). These three cases indicate a way forward on matters that all lawyers will necessarily find to be challenging. By way of conclusion, the chapter identifies a number of lessons to be drawn from recent experience in three cases. It explains that international cases are rarely won or lost on legal argument alone. The facts and scientific and technical issues, including the manner in which expert evidence is presented, are closely connected to outcome.

Keywords: International Court of Justice (ICJ); international law; international litigation; science



Can't access your account?
  • Tools

  • Add to Favorites
  • Printable version
  • Email this page
  • Recommend to your library

    You must fill out fields marked with: *

    Librarian details
    Your details
    Why are you recommending this title?
    Select reason:
    Unité et diversité du droit international/Unity and Diversity of International Law — Recommend this title to your library
  • Export citations
  • Key

  • Full access
  • Open Access
  • Partial/No accessInformation