Wildy logo
(020) 7242 5778
enquiries@wildy.com

Wildy’s Book News

Book News cover photo

Vol 22 No 3 March/April 2017

Book of the Month

Cover of Company Directors: Duties, Liabilities and Remedies

Company Directors: Duties, Liabilities and Remedies

Edited by: Simon Mortimore
Price: £225.00

Pupillage & Student Offers

Special Discounts for Pupils, Newly Called & Students

Read More ...


Secondhand & Out of Print

Browse Secondhand Online

Read More...


UK Public Holiday May 2017

Wildy's will be closed on Monday 1st May and will re-open on Tuesday 2nd May.

Online book orders received during the time we are closed will be processed as soon as possible once we re-open on Tuesday.

As usual Credit Cards will not be charged until the order is processed and ready to despatch.

Any non-UK eBook orders placed after 5pm on the Friday 28th April will not be processed until Tuesday 2nd May. UK eBook orders will be processed as normal.

Hide this message

Science and the Precautionary Principle in International Courts and Tribunals: Expert Evidence, Burden of Proof and Finality


ISBN13: 9781107669031
Published: October 2013
Publisher: Cambridge University Press
Country of Publication: UK
Format: Paperback (Hardback in 2011)
Price: £26.99
Hardback edition , ISBN13 9780521513265



Despatched in 8 to 10 days.

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 judgments and awards.

Subjects:
Environmental Law, International Trade, Public International Law
Contents:
Part I. Context and Theory:
1. Introduction
2. Cooperation between disputing parties

Part II. Expert Evidence:
3. Methods for taking expert evidence in scientific disputes
4. The role of adjudicators and the role of experts

Part III. Burden of Proof:
5. Getting to the heart of the rules on burden of proof
6. Reversing the burden of proof to give effect to the precautionary principle

Part IV. The Finality of Adjudication:
7. Finality, revision and nullity in scientific cases
8. Reassessment proceedings and res judicata
9. Conclusion.