“…Jorge E. Vinulaes aptly observes that the Court was actually "minimizing science" 1688 and although it took a stand on the scientific facts of the case openly, it did so in an implicit way, by "camouflaging" its factual evaluation. 1689 Scholarly hindsight regards the Gabcikovo-Nagymaros judgment as a proof of the Court's "unwillingness or unsuitability" 1690 to deal with scientific aspects of disputes.…”
Section: Carving Out Science From Relevant Aspects Of Adjudicatory De...mentioning
confidence: 99%
“…Relying on ex curia experts is not prevalent in international practice. A fear of delegating judicial function to non-accountable experts 1732 and the sense of unease over being "bound by the opinion" 1733 received are suspected to play a major role in recurring practice of international fora not to appoint independent experts.…”
Section: Reluctance To Require Independent Expert Advice or Using Exp...mentioning
“…Jorge E. Vinulaes aptly observes that the Court was actually "minimizing science" 1688 and although it took a stand on the scientific facts of the case openly, it did so in an implicit way, by "camouflaging" its factual evaluation. 1689 Scholarly hindsight regards the Gabcikovo-Nagymaros judgment as a proof of the Court's "unwillingness or unsuitability" 1690 to deal with scientific aspects of disputes.…”
Section: Carving Out Science From Relevant Aspects Of Adjudicatory De...mentioning
confidence: 99%
“…Relying on ex curia experts is not prevalent in international practice. A fear of delegating judicial function to non-accountable experts 1732 and the sense of unease over being "bound by the opinion" 1733 received are suspected to play a major role in recurring practice of international fora not to appoint independent experts.…”
Section: Reluctance To Require Independent Expert Advice or Using Exp...mentioning
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