Scientific Knowledge: Its Impacts on Judicial Decision-Making and International Law in the Era of Sustainability

Abstract

Science has become a tool for taking decisions in international (as well as domestic) disputes and acts to ensure the relevance of global ecological responsibility. This role of science has become particularly relevant as the sustainable development narrative has grown into a predominant form of global cooperation. The following contribution looks specifically at the role of decision-makers, including judges and arbitrators, and their interaction with scientific knowledge during the decision-making process in international (economic) disputes. Beginning with early cross-border environmental disputes and tracing the increasing inclusion of scientific inputs over the past decades, the contribution critically examines the role of judges in integrating expert inputs into legal decisions and its impact on achieving a more ecologically aware application of the law.