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Edited Legal Collections Data |
Book Title: Research Handbook on International Water Law
Editor(s): McCaffrey, C. Stephen; Leb, Christina; Denoon, T. Riley
Publisher: Edward Elgar Publishing
ISBN: 9781785368073
Section: Chapter 18
Section Title: The role of scientific and technical experts
Author(s): Parseghian, Cicely O.; Guthrie, Benjamin K.
Number of pages: 18
Abstract/Description:
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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URL: http://www.austlii.edu.au/au/journals/ELECD/2019/79.html