Edited by Kate Miles
Chapter 10: The use of science in environment-related investor-state arbitration
Questions regarding the assessment of scientific evidence, and the legal standards to be applied, have preoccupied international adjudicators across a wide array of forums considering environmental disputes, most notably the WTO in disputes under the Sanitary and Phytosanitary (SPS) Measures Agreement. Investor-state arbitrations over environment-related regulatory measures often raise similar questions about the appropriate use of science as have been seen in the WTO SPS case law. As investor-state arbitrations gather pace in the environmental field, we can expect questions over the role of science to become more prominent, as they have in other international dispute settlement fields. This chapter takes stock of scholarly discussion and existing practice regarding the use of science in environment-related investor-state arbitrations. Consideration of emerging practice in international investment law in the context of approaches taken in other areas of international dispute settlement provides a basis for identifying likely future challenges and evaluating proposed approaches.
You are not authenticated to view the full text of this chapter or article.
Elgaronline requires a subscription or purchase to access the full text of books or journals. Please login through your library system or with your personal username and password on the homepage.
Non-subscribers can freely search the site, view abstracts/ extracts and download selected front matter and introductory chapters for personal use.
Your library may not have purchased all subject areas. If you are authenticated and think you should have access to this title, please contact your librarian.