Skip to content
Register Sign in Wishlist

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

$139.99 (C)

Part of Cambridge Studies in International and Comparative Law

  • Date Published: April 2011
  • availability: Available
  • format: Hardback
  • isbn: 9780521513265

$ 139.99 (C)

Add to cart Add to wishlist

Other available formats:
Paperback, eBook

Looking for an examination copy?

If you are interested in the title for your course we can consider offering an examination copy. To register your interest please contact providing details of the course you are teaching.

Product filter button
About the Authors
  • 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 contextualizing developments in the taking of expert evidence and analyzing 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.

    • Helps researchers investigate the rules and theory of adjudication in international law more widely, and provides tools and arguments for use in legal disputes
    • Proposes significant changes in how the rules about proof and finality are applied and developed
    • Draws on conversations with practitioners in three continents and the author's own practical experience
    Read more

    Reviews & endorsements

    "Caroline Foster’s book constitutes an important addition to the literature on international tribunals and the inter-linkage between science and law in the international domain. The book includes a detailed analysis of the place of scientific evidence in international disputes, the role of adjudicators and experts, and the way in which these issues are influenced by the precautionary principle."
    Oren Perez, European Journal of International Law

    "… provides a useful insight into into the commonalities and differences between … international adjudicative bodies … makes an ambitious contribution to the literature in drawing together the practice of multiple courts and tribunals and raising awareness of the key problems that scientific complexity and uncertainty pose for international adjudicative procedure."
    Christopher A. Thomas, International and Comparative Law Quarterly

    "Caroline Foster provides a highly informative account of the role of expert evidence in the peaceful settlement of international disputes where science is challenged, uncertain, or even contestable. The use and application of scientific knowledge by international courts and arbitrators is examined via careful analysis of a wide range of subjects, including fish stock conservation, radioactive pollution of water and air, global warming, coastal erosion, nuclear weapons, release of carcinogens in pulp and paper processing, white asbestos, use of growth hormones in beef production, and the safety of genetically modified organisms in the food chain and biosphere."
    Mihalis Kritikos, Transnational Environmental Law

    See more reviews

    Customer reviews

    Not yet reviewed

    Be the first to review

    Review was not posted due to profanity


    , create a review

    (If you're not , sign out)

    Please enter the right captcha value
    Please enter a star rating.
    Your review must be a minimum of 12 words.

    How do you rate this item?


    Product details

    • Date Published: April 2011
    • format: Hardback
    • isbn: 9780521513265
    • length: 400 pages
    • dimensions: 229 x 152 x 23 mm
    • weight: 0.75kg
    • availability: Available
  • Table of 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.

  • Author

    Caroline E. Foster, University of Auckland
    Caroline E. Foster is a senior lecturer in the Faculty of Law at the University of Auckland, New Zealand. She also advises governments and NGOs on matters relating to disputes before international courts and tribunals and issues arising in public international law more generally.

related journals

Sign In

Please sign in to access your account


Not already registered? Create an account now. ×

Sorry, this resource is locked

Please register or sign in to request access. If you are having problems accessing these resources please email

Register Sign in
Please note that this file is password protected. You will be asked to input your password on the next screen.

» Proceed

You are now leaving the Cambridge University Press website. Your eBook purchase and download will be completed by our partner Please see the permission section of the catalogue page for details of the print & copy limits on our eBooks.

Continue ×

Continue ×

Continue ×

Find content that relates to you

Join us online

This site uses cookies to improve your experience. Read more Close

Are you sure you want to delete your account?

This cannot be undone.


Thank you for your feedback which will help us improve our service.

If you requested a response, we will make sure to get back to you shortly.

Please fill in the required fields in your feedback submission.