The Nexus between International Law and Science

Abstract

Limited legal analysis exists of how scientific expert bodies participate in multilateral treaty-making. This impedes effective collaboration between treaty-making and scientific expert bodies. This article analyses how scientific expert bodies (1) participate in multilateral treaty-making and (2) how they interface with treaty-making bodies. Based on an updated conceptual framework of the general multilateral treaty-making process, the makings of two treaties are studied: the Paris Agreement and the International Legally Binding Instrument on marine biodiversity in areas beyond national jurisdiction. In these case studies, scientific expert bodies had three integral roles: preparing evidence for treaty-making bodies, scientifically advising these bodies and directly exchanging with them. When scientific bodies directly exchanged with treaty-making bodies, they interfaced through intergovernmental body sessions or dialogical events. In conclusion, this study provides evidence of the nexus between international law and science for improved multilateral treaty-making.