Evidence before the International Court of Justice

Scientific Engagement of International Courts and Tribunals in Environmental Disputes

“…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.…”

“…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.…”