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6 - Scientific Claims before the WTO

from Part II - Techniques for Judicial Engagement with Science in the Practice of International Courts and Tribunals

Published online by Cambridge University Press:  15 October 2020

Katalin Sulyok
Affiliation:
ELTE University, Budapest
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Summary

This chapter surveys several entry points through which science becomes legally relevant in WTO law and in trade disputes. It reviews the elaborate techniques of WTO panels and the Appellate Body to engage with scientific evidence in cases involving environmental and health risks. The chapter addresses the WTO’s expert consultation system and discusses the changing canons of deference afforded to WTO members in adopting science-based SPS measures. It extensively analyses the epistemic nature and significance of the two-stage standard of review, under which WTO dispute settlement bodies scrutinize the coherence of the reasoning provided by the risk assessor. The chapter concludes with identifying argumentative techniques in the WTO jurisprudence justifying adjudicatory conclusions concerning scientific evidence and arguments. It distinguishes reasoning methods built on scientific, intuitive, and legal rationality. The chapter also identifies an additional particular reasoning style, which utilizes concepts that are labelled as 'hybrid' benchmarks.

Type
Chapter
Information
Science and Judicial Reasoning
The Legitimacy of International Environmental Adjudication
, pp. 178 - 211
Publisher: Cambridge University Press
Print publication year: 2020

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