TY - JOUR ID - 65196 TI - The role of science in evaluation of HSE measures in international arbitration processes JO - Public Law Studies Quarterly JA - JPLSQ LA - en SN - 2423-8120 AU - Safe, Zahra AU - Aminzadeh, Elham AD - Ph.D. Student in international law, Science and Research Branch, Islamic Azad University, Tehran, Iran AD - Associate Prof, Public and International Law Department, Faculty of Law and Political Sciences, University of Tehran, Tehran, Iran Y1 - 2017 PY - 2017 VL - 47 IS - 4 SP - 1023 EP - 1041 KW - Science KW - Health KW - Safety and Environmental Measures KW - Sustainable Developmen DO - 10.22059/jplsq.2017.222581.1416 N2 - Since the environmental situation of the planet earth is continuously becoming more deteriorated, and as the importance of sustainable development and the rules governing the world trade system in growing; all countries have the right to introduce legislative acts to support and improve public health, safety and environment of their own. Such right and the risks threatening the host government in trade system, brings about the issue of defending the health, safety and environmental measures against international disputes settlement authorities. Whereas HSE regulatory measures should be based on science and scientific rules, in arbitrations of disputes resulting from this measure, the role of science and its limitations are of importance. Therefore this paper tries to survey the subject that due to the limitations of science and scientific disagreements between scientists, under which circumstances and how could the scientific findings be used in HSE measures arbitrations? Scrutiny’s indicate that despite the scientific limitations scientific uncertainty in some cases, science is the main axis in moving towards sustainable development; because it provides an objective basis for the development of HSE standards. So through emphasis on the process of production of science, scientific methods and scrutiny, a measure could be formed, relying on which the validity of scientific investments could be assessed. UR - https://jplsq.ut.ac.ir/article_65196.html L1 - https://jplsq.ut.ac.ir/article_65196_4df2932ff8a6185a1a7291d77c63bed9.pdf ER -