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International Adjudication – Standard of Review and Burden of Proof: Australia-Apples and Whaling in the Antarctic

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Abstract

New cases dealing with complex matters of conservation and biodiversity continue to push forward the boundaries of international adjudicatory processes in various bodies, including the International Court of Justice and the World Trade Organization Appellate Body. Successfully addressing matters such as burden of proof and ‘standard of review’ is pivotal to maintaining the integrity and effectiveness of international adjudication. Advances in such areas should be appropriate for application in all fora and all disputes. While the rules on burden of proof need to undergo further development, contrastingly, caution is needed in relation to ‘standard of review’.

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