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  • 4 - Science in the Practice of Inter-State Arbitral Tribunals

  • from Part II - Techniques for Judicial Engagement with Science in the Practice of International Courts and Tribunals
  • Katalin Sulyok
  • Book:
    Science and Judicial Reasoning
    Published online:
    15 October 2020
    Print publication:
    29 October 2020, pp 118-138

  • Summary

    This chapter analyses the environmental case practice of ad hoc inter-state tribunals and arbitral panels established under the aegis of the Permanent Court of Arbitration. Judicial techniques to reflect on the scientific profile of cases are analysed in light of the Bering Sea Fur Seals, Trail Smelter, Lake Lanoux, MOX Plant, MOX Plant OSPAR, Iron Rhine, Southern Bluefin Tuna, Kishenganga, and South China Sea Arbitrations. The chapter examines how adjudicators frame the legally relevant aspects of science-intensive disputes, and the varied avenues tribunals utilize for gathering expert advice. It discusses the significance of appointing independent experts. The chapter also examines the science-based causal inquiries and causal tests from the practice of arbitral tribunals.