en
Scientific article
Open access
English

Scientific Fact-finding at the International Court of Justice: An Appraisal in the Aftermath of the Whaling Case

Published inLeiden Journal of International Law, vol. 29, no. 2, p. 529-550
Publication date2016
Abstract

The 2014 judgment of the International Court of Justice, regarding Whaling in the Antarctic , brought into focus scientific fact-finding in disputes before the Court. This article examines the Court's practice with respect to first, the mode of appointment and method of examining experts assisting the Court in fact-finding; and second, the standard of review employed in analysing a scientific fact to arrive at a judicial decision. In doing so, the article also refers to jurisprudence of the World Trade Organization to draw parallels and best practices therefrom. This analysis is aimed at structuring a coherent and predictable approach for scientific fact-finding before the International Court of Justice.

Keywords
  • Scientific fact-finding
  • Whaling in the Antarctic case
  • International Court of Justice
  • Court's practice
  • Mode of appointment
  • Method of examining
  • Standard of review
Citation (ISO format)
MBENGUE, Makane Moïse. Scientific Fact-finding at the International Court of Justice: An Appraisal in the Aftermath of the Whaling Case. In: Leiden Journal of International Law, 2016, vol. 29, n° 2, p. 529–550. doi: 10.1017/S0922156516000133
Main files (1)
Article (Published version)
accessLevelPublic
Identifiers
ISSN of the journal0922-1565
301views
196downloads

Technical informations

Creation05/08/2020 4:42:00 PM
First validation05/08/2020 4:42:00 PM
Update time03/15/2023 9:54:38 PM
Status update03/15/2023 9:54:37 PM
Last indexation01/17/2024 9:47:16 AM
All rights reserved by Archive ouverte UNIGE and the University of GenevaunigeBlack