Dangerous Experiments: Scientific Integrity in International Environmental Adjudications after the ICJ's Decision in Whaling in the Antarctic

Abstract

Scientific questions are central to many international environmental adjudications. They bear on the risk of harm to the environment and human health of many of the national policies and regulations challenged before international courts. Despite the importance for people and the environment of international courts correctly resolving these scientific questions, there is a surprising lack of procedural law governing courts’ admission and handling of scientific evidence. This Note argues that this lack of procedure grants international courts too much discretion. The Note analyzes the recent International Court of Justice decision in Whaling in the Antarctic to explain why the status quo in international environmental adjudications threatens scientific integrity. The Note also draws on the International Court of Justice’s decision in Pulp Mills and the World Trade Organization’s rulings in the Beef Hormones dispute to further explain the need for greater procedural clarity. In closing, the Note offers possible solutions to improve scientific integrity in international environmental adjudications.