The role of science in evaluation of HSE measures in international adjudication processes

The environmental situation of earth is getting more deteriorated, and having the importance of sustainable development and the rules governing the world trade system in mined;all countries have the right to set and implement legislative measures,to improve public health situations,safety and environmental conditions of their nationals.This 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.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 and 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.