Cover
Half-title
Title
Copyright
Dedication
Contents
Preface
Acknowledgements
Part I: Context and theory
1 Introduction
International adjudication
The rationalist tradition
Proceduralisation and harmonisation in international law
The nature of scientific knowledge
The admissibility of scientific evidence
The standard of review
The precautionary principle
Directions for procedural development in international scientific disputes
Conclusion
2 Co-operation between disputing parties.

The importance of co-operation between disputing parties
Case concerning Land Reclamation (Malaysia v. Singapore)
Case concerning the Gabcíkovo-Nagymaros Project (Hungary/Slovakia)
Southern Bluefin Tuna case (Australia and New Zealand v. Japan)
The MOX Plant cases (Ireland v. United Kingdom)
Case concerning Pulp Mills on the River Uruguay (Argentina v. Uruguay)
Nuclear Tests cases (Australia v. France) (New Zealand v. France)
European Communities - Measures Affecting Asbestos and Asbestos-Containing Products.

European Communities - Measures Concerning Meat and Meat Products (Hormones)
European Communities - Approval and Marketing of Biotech Products
Conclusion
Part II: Expert evidence
3 Methods for taking expert evidence in scientific disputes
Scientific evidence from the parties
Advocates presenting the science
Evidence generated by administrative procedures
The party-appointed independent expert
Cross-examination
Consultation of international organisations
Site visits
The court-appointed expert
The WTO system for expert evidence.

Expert witness-conferencing in international arbitration
Expert adjudicators and assessors
Determination by a neutral expert
Conclusion
4 The role of adjudicators and the role of experts
Mixed questions of fact and law
Experts and the burden of proof
Precaution in the views of experts
Two-stage adjudicatory procedures
The Expert Review Group in the World Trade Organization
Selection of experts by international courts and tribunals
The limits of scientific expertise
The quality of scientific evidence
The responsibility of the court or tribunal
Conclusion.

Part III: Burden of proof
5 Getting to the heart of the rules on burden of proof
Principles underlying the rules on the burden of proof
Legal sources of the rule on the allocation of the burden of proof
Judicial articulation of the rule on burden of proof
Judicial application of the rules on burden of proof
Distinctions between general rules and exceptions
(a) The struggle within WTO dispute settlement
(b) Segmentation of legal claims
Standards of proof
The prima facie case approach and the weighing of the evidence
Presumptions
Conclusion.

6 Reversing the burden of proof to give effect to the precautionary principle.