The Prevention Principle in International Environmental Law PDF Download

Author: Leslie-Anne Duvic-Paoli
Publisher:
ISBN: 1108429416
Category : Law
Languages : en
Pages : 429

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

Author: Leslie-Anne Duvic-Paoli
Publisher: Cambridge University Press
ISBN: 1108589790
Category : Law
Languages : en
Pages : 858

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Book Description
Prevention is recognized as a cornerstone of international environmental law, but this principle remains abstract and elusive in terms of exactly what is required of states to prevent environmental harm. In this illuminating work, Leslie-Anne Duvic-Paoli addresses this issue by offering a systematic, comprehensive assessment in which she clarifies the rationale, content, and scope of the prevention principle while also placing it in a wider legal context. The book offers a detailed analysis of treaty law, custom codification works, and case law before culminating in a conceptualization of prevention based on three definitional traits: 1. Its anticipatory rationale; 2. Its due diligence content; and 3. Its wide spatial scope to protect the environment as a whole. This book should be read by anyone seeking to understand the evolving principle of prevention in international environmental law, and how it increasingly shares common ground with reparation in the arena of compliance control.

Author: Leslie-Anne Duvic-Paoli
Publisher:
ISBN:
Category :
Languages : en
Pages : 492

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Book Description

Author: David Freestone
Publisher: Kluwer Law International B.V.
ISBN: 9041101438
Category : Law
Languages : en
Pages : 294

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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.

Author: Sumudu Atapattu
Publisher: BRILL
ISBN: 9047440145
Category : Law
Languages : en
Pages : 564

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Book Description
Emerging Principles of International Environmental Law is ideally suited for any law or environmental studies student, practitioner or law academic who is interested in the legal status of emerging principles in the field of international environmental law. Among its highlights, the text examines the interaction of principles/concepts such as sustainable development, the precautionary principle etc., with one another and how the present international environmental law regime has taken the vast disparity between developed and developing countries into account in designing innovative methods to accommodate this disparity.

Author: Arie Trouwborst
Publisher: Springer
ISBN:
Category : Law
Languages : en
Pages : 400

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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)

Author: Philippe Sands
Publisher: Cambridge University Press
ISBN: 9780521521062
Category : Law
Languages : en
Pages : 1252

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Book Description
This second edition of Philippe Sand's leading textbook on international environmental law provides a clear and authoritative introduction to the subject, revised to December 2002. It considers relevant new topics, including the Kyoto Protocol, genetically modified organisms, oil pollution, chemicals etc. and will remain the most comprehensive account of the principles and rules relating to environmental protection and the conservation of natural resources. In addition to the key material from the 1992 Rio Declaration and subsequent developments, Sands also covers topics including the legal and institutional framework, the field's historic development and standards for general application. This will continue to be an invaluable resource for both students and practitioners alike.

Author: National Academy of Engineering
Publisher: National Academies Press
ISBN: 0309049377
Category : Science
Languages : en
Pages : 270

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Book Description
In the 1970s, the first wave of environmental regulation targeted specific sources of pollutants. In the 1990s, concern is focused not on the ends of pipes or the tops of smokestacks but on sweeping regional and global issues. This landmark volume explores the new industrial ecology, an emerging framework for making environmental factors an integral part of economic and business decision making. Experts on this new frontier explore concepts and applications, including: Bringing international law up to par with many national laws to encourage industrial ecology principles. Integrating environmental costs into accounting systems. Understanding design for environment, industrial "metabolism," and sustainable development and how these concepts will affect the behavior of industrial and service firms. The volume looks at negative and positive aspects of technology and addresses treatment of waste as a raw material. This volume will be important to domestic and international policymakers, leaders in business and industry, environmental specialists, and engineers and designers.

Author: Nicolas de Sadeleer
Publisher: Oxford University Press
ISBN: 0192582674
Category : Law
Languages : en
Pages : 593

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Book Description
This book traces the evolution of environmental principles from their origins as vague political slogans reflecting fears about environmental hazards to their embodiment in enforceable laws. Environmental law has always responded to risks posed by industrial society but the new generation of risks have required a new set of environmental principles, emerging from a combination of public fears, science, ethics, and established legal practice. This book shows how three of the most important principles of modern environmental law grew out of this new age of ecological risk: the polluter pays principle, the preventive principle, and the precautionary principle. Since the first edition was published, the principles of polluter-pays, prevention, and precaution have been encapsulated in a swathe of legislation at domestic and international level. Courts have been invoking environmental law principles in a broad range of cases, on issues including GMOs, conservation, investment, waste, and climate change. As a result, more States are paying heed to these principles as catalysts for improving their environmental laws and regulations. This edition will integrate to a greater extent the relationship between environmental principles and human rights. The book analyses new developments including the EU Charter of Fundamental Rights, the case law of the European Court of Human Rights, which has continuously carved out environmental duties from a number of rights enshrined in the European Convention of Human Rights, and the implementation of the UNECE Convention on Access to Information.

Author: Lavanya Rajamani
Publisher: Oxford University Press
ISBN: 0192589032
Category : Law
Languages : en
Pages : 1104

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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.