Expert knowledge in judicial decisions : Colombian environmental cases

Julián Andrés Gaitán Reyes

Universidad Cooperativa de Colombia

Objective: To analyze the valuation criteria used by judges when using expert knowledge in certain environmental protection cases.

Methodology: This study is designed with qualitative considerations about the valuation criteria used by judges to validate expert knowledge in Colombian environmental law court rulings. A specific unit of a population universe was analyzed, in order to construct categories of analysis from documentary sources obtained from the Colombian High Courts' consultation system, under a non-probabilistic sampling.

Results: The ways in which judges used expert knowledge were identified and the criteria for weighting the use of expert knowledge in the judicial decisions under study were established.

Conclusions: The evaluation criteria used by judges to validate expert knowledge in judicial decisions on Colombian environmental law were: suitability of the experts and reliability of the expert information, due to the fact that they come from state sources that are accepted by the scientific community.

Keywords: environmental law, rights of nature, precautionary principle, scientific knowledge
Published
2022-07-18
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https://plu.mx/plum/a/?doi=10.16925/2357-5891.2022.02.08