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: Harald Hohmann
Publisher: Kluwer Law International
ISBN: 9781853339110
Category : Law
Languages : en
Pages : 377

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Book Description
This first monograph on the precautionary principle reviews the basic environmental declarations of the most important international environmental organizations (UNO/UNEP, EEC, OECD, Council of Europe, etc.) and bodies (ILA, IDI, ILC). It also analyses the basic international agreements for the protection of the environment (water, land/species, air/atmosphere). This analysis covers the basic documents of international environmental law issued from 1911 to 1993. Its aim is to specify to what extent the precautionary principle is established in current international environmental law (customary law and conventions) and what its impact is. The following precautionary duties or principles are analysed: sustainable use and protection of nature also for its own sake; a duty to act in case of mere potential concern (and not only in case of suspicion of concrete danger); a duty of ecomanagement (at least permit requirements, monitoring, pollution control and minimal planning); a duty of regional cooperation (information, notification, consultation, joint research, etc.); a duty of comprehensive planning and to prevent cross-media pollution; a duty of impact assessment and standard setting. Also included into the analysis are: intergenerational equity, right to decent environment, sustainable development, nondiscrimination, equal transboundary access to judicial redress, transfer of technology, financial incentives and treatment at the source. the different approaches of traditional and modern international environmental law are reviewed together with the legal relevance of central provisions of important environmental declarations.