El principio de precaución en la jurisprudencia internacional

Abstract

Although the precautionary principle is mainly a tool for decision making at national level it could also be useful as a judiciary mechanism in the settlement of international disputes involving scientific uncertainties. In this article we study the case law of three international courts (ICJ, WTO and ITLOS) in order to analyse the fact-finding of scientific evidence, the impact of the precautionary principle over the burden of proof and its influence on the standard of review.