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

Abstract

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.

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