Remarks on the Role of Ex Curia Scientific Experts in International Environmental Disputes

Judges and arbitrators may appoint experts to achieve a correct understanding of the scientific dimension of environmental disputes. Ideally, questions of fact are dominions of the expert and legal issues fall within competence of the judge. However, the boundaries between these two categories are blurring and, in these cases, it might be difficult for adjudicators to refrain from taking a position on scientific matters and vice versa. There is indeed a risk of ‘erosion’ of their respective roles in the settlement of environmental disputes. This essay explores the procedural aspects of the relationship between the judiciary and its appointed experts under selected judicial institutions and their jurisprudence.