Edited by Stephen C. McCaffrey, Christina Leb and Riley T. Denoon
Chapter 18: The role of scientific and technical experts
Disputes involving bodies of water, especially cases involving allegations of transboundary environmental harm, often present complex scientific or technical questions and require the involvement of scientific or technical experts. This chapter addresses the involvement of such experts in cases before international tribunals, especially the International Court of Justice. It focuses on three major themes. First, how do tribunals integrate technical experts into the dispute resolution process? Are the experts court-appointed, party-appointed, or both, and how do they participate? Second, how should parties and counsel work with and present their own party-appointed experts in order to effectively make their case? Third, given past practice and disagreements regarding the role and independence of experts, how can tribunals be expected to handle the scientific and technical aspects of complex cases going forward?
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