The ICJ's engagement with science: To interpret or not to interpret?

Abstract

The treatment of scientific terms by the International Court of Justice has come into focus in the aftermath of its decision in the Whaling case. An analysis of this decision assesses first, the extent to which parties and the Court tackled scientific terms in the course of legal analysis. Further, this article attempts to draw inferences and lessons from the Court's scientific engagement, for future disputes of the same nature, and examines the importance of a judicial body such as the International Court of Justice in involving itself in scientific disputes. This article argues that the Court, in the Whaling case, has insufficiently engaged with scientific terms, and goes on to suggest efficient methods of addressing such future disputes. Notwithstanding the existence of technical and scientific administrative bodies, this article also emphasizes the importance of scientific adjudication by international judicial bodies.