1. Science-intensive Dispute Mechanism for Protection of Atmosphere: ICJ, WTO and PCA.
- Author
-
Bhardwaj, Chhaya and Agarwal, Anmol
- Subjects
Permanent Court of Arbitration -- Comparative analysis ,United Nations. International Court of Justice -- Comparative analysis ,World Trade Organization -- Environmental policy -- Comparative analysis -- Social policy -- Laws, regulations and rules ,Environmental mediation -- Management -- Laws, regulations and rules -- Comparative analysis ,Third parties (Law) -- Laws, regulations and rules ,Consent (Law) -- Management -- Laws, regulations and rules ,Transboundary pollution -- Evidence -- Remedies -- Laws, regulations and rules ,Law -- Codification ,Evidence, Scientific -- Usage -- Analysis -- Laws, regulations and rules ,Liability for air pollution damages -- Evidence -- Remedies -- Laws, regulations and rules ,Jurisdiction (International law) -- Laws, regulations and rules ,Government regulation ,Company business management ,Declaration of the United Nations Conference on the Human Environment, 1972 ,General Agreement on Tariffs and Trade (art. 20) ,Environmental Goods Agreement (Draft) ,Statute of the International Court of Justice (art. 50) (art. 36) ,Understanding on Rules and Procedures Governing the Settlement of Disputes (art. 13) ,Declaration on Environment and Development, 1992 ,Guidelines on Protection of Atmosphere, 2020 (Draft) - Abstract
I. INTRODUCTION The role of science has been increasing in interstate disputes under international law in the twenty-first century. (1) The judges in international forums identify the "best available science'' [...], The authors argue that protection of atmosphere related science intensive disputes should be submitted to the Permanent Court of Arbitration (PCA) because it has a better approach in comparison to the International Court of Justice (ICJ), and World Trade Organization (WTO). This comparative analysis highlights different approaches by the three dispute settlement institutions. The approach by the ICJ and WTO are discretionary and follow a case-by-case method to evaluate scientific evidence. The PCA has standardized its dispute settlement process under its codified protocols for science-intensive disputes. There is an increase in science-intensity of legal issues in the twenty-first century and its recognition thereof in 2020 Draft Articles on Atmosphere. It is therefore timely to discuss relevant approaches applied in science-intensive environmental disputes. Key Words: ICJ, science-intensive disputes, international law, PCA, WTO.
- Published
- 2022