Science and Judicial Reasoning
The Legitimacy of International Environmental Adjudication
Series: Cambridge Studies on Environment, Energy and Natural Resources Governance;
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Product details:
- Publisher Cambridge University Press
- Date of Publication 29 October 2020
- ISBN 9781108489669
- Binding Hardback
- No. of pages350 pages
- Size 160x235x30 mm
- Weight 760 g
- Language English 1666
Categories
Short description:
This pioneering study on environmental case-law examines how courts engage with science and reviews legitimate styles of judicial reasoning.
MoreLong description:
Science, which inevitably underlies environmental disputes, poses significant challenges for the scientifically untrained judges who decide such cases. In addition to disrupting ordinary fact-finding and causal inquiry, science can impact the framing of disputes and the standard of review. Judges must therefore adopt various tools to adjust the level of science allowed to enter their deliberations, which may fundamentally impact the legitimacy of their reasoning. While neglecting or replacing scientific authority can erode the convincing nature of judicial reasoning, the same authority, when treated properly, may lend persuasive force to adjudicatory findings, and buttress the legitimacy of judgments. In this work, Katalin Sulyok surveys the environmental case law of seven major jurisdictions and analyzes framing techniques, evidentiary procedures, causal inquiries and standards of review, offering valuable insight into how judges justify their choices between rival scientific claims in a convincing and legitimate manner.
'Environmental disputes often confront adjudicators with complex issues of scientific fact. Sulyok's book surveys in detail the response of international courts and tribunals to this challenge, and provides a sophisticated analysis and evaluation of different approaches to science in judicial reasoning. A useful asset for the libraries of adjudicators and practitioners alike.' James Crawford, International Court of Justice
Table of Contents:
Part I. The Three-Fold Challenge of Engaging with Science in International Environmental Adjudication: 1. Introduction to a comparative study on judicial engagement with science; 2. The rules of judicial engagement with science: a three-fold challenge; Part II. Techniques for Judicial Engagement with Science in the Practice of International Courts and Tribunals: 3. Judicial engagement with science in the environmental case-law of the international court of justice; 4. Science in the practice of inter-state arbitral tribunals; 5. Science in the environmental jurisprudence of regional human rights courts; 6. Scientific claims before the WTO; 7. Science in the practice of investment arbitral tribunals; 8. Science appears before the international tribunal for the law of the sea; Part III. Engaging with Scientific Knowledge in the Judicial Reasoning: 9. Trends in judicial engagement with science: a comparative assessment; 10. Science and the legitimacy of judicial reasoning; 11. Conclusion; Bibliography; Index.
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