The Precautionary Principle And International Lawthe Challenge Of Implementation
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Author | : David Freestone |
Publisher | : Kluwer Law International B.V. |
Total Pages | : 294 |
Release | : 1996-01-01 |
Genre | : Law |
ISBN | : 9041101438 |
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 | : Lavanya Rajamani |
Publisher | : Oxford University Press |
Total Pages | : 1104 |
Release | : 2021-08-06 |
Genre | : Law |
ISBN | : 0192589032 |
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.
Author | : Aline L. Jaeckel |
Publisher | : BRILL |
Total Pages | : 382 |
Release | : 2017-01-10 |
Genre | : Law |
ISBN | : 9004332286 |
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.
Author | : Arie Trouwborst |
Publisher | : Springer |
Total Pages | : 400 |
Release | : 2002-02-27 |
Genre | : Law |
ISBN | : |
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 | : Gary Elvin Marchant |
Publisher | : American Enterprise Institute |
Total Pages | : 112 |
Release | : 2004 |
Genre | : Business & Economics |
ISBN | : 9780844741895 |
This study examines how the European Union has used the precautionary principle in legal decisions.
Author | : Elizabeth Charlotte Fisher |
Publisher | : Edward Elgar Publishing |
Total Pages | : 353 |
Release | : 2006-01-01 |
Genre | : Political Science |
ISBN | : 1847201679 |
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.
Author | : Edith Brown Weiss |
Publisher | : |
Total Pages | : 520 |
Release | : 1992 |
Genre | : Law |
ISBN | : |
Change by Edith Brown Weiss
Author | : Joakim Zander |
Publisher | : Cambridge University Press |
Total Pages | : |
Release | : 2010-08-19 |
Genre | : Law |
ISBN | : 113949127X |
This overview of the role played by the precautionary principle in international trade law, European law and national law compares how precautionary considerations have been applied in the fields of pesticide regulation and the regulation of base stations for mobile telephones in Sweden, the UK and the US. A number of problems in the current application of the precautionary principle are identified and discussed. For example, it is shown that a firm reliance on a wide and open-ended precautionary principle may lead to problems with the consistency, foreseeability, effectiveness and efficiency of measures intended to reduce environmental or health risks. It is suggested that the precautionary principle indeed may be an important tool, but that in order to be acceptable it must be coupled with strong requirements on the performance of risk assessments, cost/benefit analyses and risk trade-off analyses.
Author | : Piotr Szwedo |
Publisher | : BRILL |
Total Pages | : 402 |
Release | : 2018-11-12 |
Genre | : Law |
ISBN | : 9004382895 |
Cross-border Water Trade: Legal and Interdisciplinary Perspectives is a critical assessment of one of the growing problems faced by the international community — the global water deficit. Cross-border water trade is a solution that generates ethical and economic but also legal challenges. Economic, humanitarian and environmental approaches each highlight different and sometimes conflicting aspects of the international commercialization of water. Finding an equilibrium for all the dimensions required an interdisciplinary path incorporating certain perspectives of natural law. The significance of such theoretical underpinnings is not merely academic but also quite practical, with concrete consequences for the legal status of water and its fitness for international trade.
Author | : Adrian Deville |
Publisher | : Gaunt |
Total Pages | : 79 |
Release | : 1997 |
Genre | : Architecture |
ISBN | : 9781862872035 |
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.'