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The Precautionary Principle and International Law:The Challenge of Implementation

The Precautionary Principle and International Law:The Challenge of Implementation PDF Author: David Freestone
Publisher: Kluwer Law International B.V.
ISBN: 9041101438
Category : Law
Languages : en
Pages : 294

Book Description
Papers presented at the meetings facilitated by the Sanders Institute at the Faculty of Law of the Erasmus University Rotterdam and the Law School of the University of Hull.

The Precautionary Principle and International Law:The Challenge of Implementation

The Precautionary Principle and International Law:The Challenge of Implementation PDF Author: David Freestone
Publisher: Kluwer Law International B.V.
ISBN: 9041101438
Category : Law
Languages : en
Pages : 294

Book Description
Papers presented at the meetings facilitated by the Sanders Institute at the Faculty of Law of the Erasmus University Rotterdam and the Law School of the University of Hull.

The International Seabed Authority and the Precautionary Principle

The International Seabed Authority and the Precautionary Principle PDF Author: Aline L. Jaeckel
Publisher: BRILL
ISBN: 9004332286
Category : Law
Languages : en
Pages : 382

Book Description
In The International Seabed Authority and the Precautionary Principle, Aline L. Jaeckel offers an insightful analysis of the work of the International Seabed Authority and examines whether the Authority is implementing the precautionary principle in regulating and managing deep seabed minerals.

The Prevention Principle in International Environmental Law

The Prevention Principle in International Environmental Law PDF Author: Leslie-Anne Duvic-Paoli
Publisher:
ISBN: 1108429416
Category : Law
Languages : en
Pages : 429

Book Description
The book provides a systematic and comprehensive study of the prevention principle in international environmental law.

The Precautionary Principle in the Law of the Sea

The Precautionary Principle in the Law of the Sea PDF Author: Simon Marr
Publisher: Martinus Nijhoff Publishers
ISBN: 9789041120151
Category : Law
Languages : en
Pages : 278

Book Description
This text explores the state of affairs in 2003 regarding the implementation of the principle in the law of the sea in different areas: like, pollution of the marine environment, conservation and management of living marine resources and transboundary transports of radioactive and hazardous wastes.

The Oxford Handbook of International Environmental Law

The Oxford Handbook of International Environmental Law PDF Author: Lavanya Rajamani
Publisher: Oxford University Press
ISBN: 0192589032
Category : Law
Languages : en
Pages : 1104

Book Description
The second edition of this leading reference work provides a comprehensive discussion of the dynamic and important field of international law concerned with environmental protection. It is edited by globally-recognised international environmental law scholars, Professor Lavanya Rajamani and Professor Jacqueline Peel, and features 67 chapters authored by 76 renowned experts in their fields. The Handbook discusses the key principles underpinning international environmental law, its relevant actors and tools, and rules applying in its substantive sub-fields such as climate law, oceans law, wildlife and biodiversity law, and hazardous substances regulation. It also explores the intersection of international environmental law with other areas of international law, such as those concerned with trade, investment, disaster, migration, armed conflict, intellectual property, energy, and human rights. The Handbook sets its discussion of international environmental law in the broader interdisciplinary context of developments in science, ethics, politics and economics, which inform the way in which environmental rules are made, implemented, and enforced. It provides an introduction to the foundations of international environmental law while also engaging with questions at the frontiers of research, teaching, and practice in the field, including the role of Global South perspectives, the contribution made by Earth jurisprudence, and the growing role of a diverse range of actors from indigenous peoples to business and industry. Like the first edition, this second edition of the Handbook is an essential reference text for all engaged with environmental issues at the international level and the applicable governance and regulatory structures.

Evolution and Status of the Precautionary Principle in International Law

Evolution and Status of the Precautionary Principle in International Law PDF Author: Arie Trouwborst
Publisher: Springer
ISBN:
Category : Law
Languages : en
Pages : 400

Book Description
The controversial question of whether or not at present the precautionary principle is to be considered a norm of customary international law is the key theme of this work, which treats the issue as part of a broader discussion of the principle's legal status on the international plane. This discussion, In turn, Is put in perspective by an account of the short but remarkable history of the principle in international environmental law and policy. The greater part of this study consists of the mapping and analysis of state practice in respect of the precautionary principle. Pertinent treaties, declarations, decisions of international organizations and domestic instruments pass in review. The book then applies the generally accepted principles governing the formation of customary international law to this body of state practice. This manuscript was awarded the François Prize 2001 by the Netherlands Society of International Law / Netherlands Branch of the ILA. `[The precautionary principle] has been cited in an increasing number of legal proceedings, including those in the International Court of Justice, The International Tribunal For The Law of the Sea And The WTO Appellate Body, As well as in the courts of a large number of states, including the supreme courts of India and Canada.' (from the Preface by the Series Editors)

The Precautionary Principle in Marine Environmental Law

The Precautionary Principle in Marine Environmental Law PDF Author: Bénédicte Sage-Fuller
Publisher: Routledge
ISBN: 1135020019
Category : Law
Languages : en
Pages : 297

Book Description
The book examines whether the jurisdiction of coastal States under international law can be extended to include powers of intervention towards vessels posing a significant risk to their coastal and marine environment, but which have not yet been involved in any incident or accident. The books sets out how it is that coastal State jurisdiction can indeed be seen as including powers of intervention towards High Risks Vessels before an incident or accident happens, on the basis of the precautionary principle. The precautionary principle requires taking action when a risk of damage to the environment is suspected, but cannot be confirmed scientifically.The book thus considers the potential opportunities for the coastal state under international law to regulate international shipping where they consider vessels to an unacceptable risk to the environment, in order to prevent or minimise the risk of occurrence of the accident or incident leading to damage. The book acknowledges that this puts into question some very old and established principles of the law of the sea, most importantly the principle of freedom of navigation. But Bénédicte Sage-Fuller contends that this change would itself be a consequence of the evolution, since the end of WWII, of on the one hand international law of the sea itself, and of international environmental law on the other hand.

Applying the Precautionary Principle

Applying the Precautionary Principle PDF Author: Adrian Deville
Publisher: Gaunt
ISBN: 9781862872035
Category : Architecture
Languages : en
Pages : 79

Book Description
The Australian Environmental Review says about this book:'... Applying the Precautionary Principle is a step-by-step guide to the practice. ... included [are] numerous worked examples of the precautionary principle at work to further enhance the understanding of the concept. ... ideal for environmental planning and development decision makers in both public and private sectors, students who increasingly need to set their technical and professional education in the context of ecologically sustainable development and community groups and lobbyists who want an understanding of the principle, how it can be applied and its potential influence on decision makers.'

Precautionary Rights and Duties of States

Precautionary Rights and Duties of States PDF Author: Arie Trouwborst
Publisher: BRILL
ISBN: 9047418271
Category : Law
Languages : en
Pages : 372

Book Description
Concluding that the precautionary principle embodies customary international law is one thing. Determining what this means is quite another. That challenge is met by this work, which resolves a number of crucial questions concerning the scope of this principle of international environmental law; the conditions triggering a right or duty to take precautionary action; the measures to be taken; the allocation of the burden of proof; and the role of socio-economic factors. These questions are dealt with one at a time through the charting and analysis of patterns and common denominators in the extensive (inter)national practice of states regarding the precautionary principle. The hard legal core of the principle is thus gradually exposed. In the process, a realistic and accessible account is given of how and to what extent this general principle can and does direct the actions of states in concrete instances. Ultimately, this work sets out what it takes to act in conformity with the precautionary principle under general international law, and will be of interest to anyone involved with international law and environmental protection.

Implementing the Precautionary Principle

Implementing the Precautionary Principle PDF Author: Elizabeth Charlotte Fisher
Publisher: Edward Elgar Publishing
ISBN: 1847201679
Category : Political Science
Languages : en
Pages : 353

Book Description
This challenging book takes a broad and thought-provoking look at the precautionary principle and its implementation, or potential implementation, in a number of fields. In particular, the essays within the book explore the challenges faced by public decision-making processes when applying the precautionary principle, including its role in risk management and risk assessment. Frameworks for improved decision making are considered, followed by a detailed analysis of prospective applications of the precautionary principle in a number of emerging fields including: nanotechnology, climate change.