The principle mandate of the international adjudicators (such as judges in the International Court of justice and member of the Panels in the WTO judicial system) is to settle the legal disputes presented to them in a given case. In disputes which involves scientific and technical issues, the adjudicators may have a discretionary power to answer scientific and technical questions in scope of the dispute before them, but it’s unreasonable to think that international adjudicators must have knowledge on the various fields that may be subject to international disputes. Consequently, they will have to seek assistance from experts which importance is increasing given the rising number of international disputes which involves scientific and technical issues, in the lights of these developments, this article discuss the role of expertise in proving before international adjudication through a comparative study between the International court of justice and the judicial system in the World Trade Organization. This article will outline the methodology of recourse to experts weather party-appointed experts or court-appointed experts and the recourse to specialized international organizations as experts in their respective fields, also this article will discuss the evidential weight of different kinds of experts evidence, and analyze important cases which involved recourse to experts and the role of expertise in the settlement of these disputes.
alhasan, firas Mr.
"The Role of Expertise in Evidence before International Courts: A Comparative Study between the International Court of Justice and the Judicial System in the World Trade Organization,"
مجلة جامعة الإمارات للبحوث القانونية UAEU LAW JOURNAL: Vol. 84:
84, Article 5.
Available at: https://digitalcommons.aaru.edu.jo/sharia_and_law/vol84/iss84/5