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Document Type

Article

Publication Date

Summer 8-1-2022

Publication Citation

29 Indiana J. Global Legal Studies 147 (2022)

Abstract

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.

Available for download on Sunday, August 01, 2027

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