Evolution And Status Of The Precautionary Principle In International Law

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Evolution and Status of the Precautionary Principle in International Law

Arie Trouwborst
Evolution and Status of the Precautionary Principle in International Law Book PDF

Author : Arie Trouwborst
Publisher : Springer
Page : 400 pages
File Size : 50,6 Mb
Release : 2002-02-27
Category : Law
ISBN : STANFORD:36105060711335

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Evolution and Status of the Precautionary Principle in International Law by Arie Trouwborst Pdf

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 Evolution of Sustainable Development in International Law: Inception, Meaning and Status

Nico J. Schrijver
The Evolution of Sustainable Development in International Law Inception Meaning and Status Book PDF

Author : Nico J. Schrijver
Publisher : BRILL
Page : 276 pages
File Size : 45,9 Mb
Release : 2008-12-15
Category : Law
ISBN : 9789047444466

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The Evolution of Sustainable Development in International Law: Inception, Meaning and Status by Nico J. Schrijver Pdf

Also available as an e-book In a relatively short time the concept of “sustainable development” has become firmly established in the field of international law. The World Commission on Environment and Development concisely defined sustainable development as follows: “development that meets the needs of the present generation without compromising the ability of future generations to meet their own needs”. This definition takes into account the needs of both the present and future generations as well as the capacity of the earth and its natural resources which by clear implication should not be depleted by a small group of people (in industrialized countries). The aim of this book is threefold : to review the genesis and to clarify the meaning of the concept of sustainable development, as well as to assess its status within public international law. Furthermore, it examines the legal principles that have emerged in the pursuit of sustainable development. Lastly, it assesses to what extent the actual evolution of law demonstrates the balance and integration with all pertinent fields of international law as urged by the Rio, Johannesburg, and World Summit documents. This is the second volume in the Hague Academy of International Law Pocket Book series; it contains the text of the course given at the Hague Academy by Professor Schrijver.

The Precautionary Principle in the Law of the Sea

Simon Marr
The Precautionary Principle in the Law of the Sea Book PDF

Author : Simon Marr
Publisher : BRILL
Page : 267 pages
File Size : 49,5 Mb
Release : 2021-10-18
Category : Law
ISBN : 9789004481503

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The Precautionary Principle in the Law of the Sea by Simon Marr Pdf

The content and status of the precautionary principle remains highly debated and various questions arise, such as its status as a rule of customary international law, including its scope, addressee, triggering threshold, precautionary action measures, and eventually limits of the principle. Thus, this book examines the present state of affairs regarding the implementation of the principle in the law of the sea in different sectors, e.g. pollution of the marine environment, conservation and management of living marine resources, and transboundary transports of radioactive and hazardous wastes. In addition, it extracts evidence of its acceptance as part of customary international law, and indicates that below this level there is also an emerging practice of international law of applying the precautionary principle in a common way.

Implementing the Precautionary Principle

Nicolas de Sadeleer
Implementing the Precautionary Principle Book PDF

Author : Nicolas de Sadeleer
Publisher : Earthscan
Page : 433 pages
File Size : 41,8 Mb
Release : 2007
Category : Law
ISBN : 9781849771696

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Implementing the Precautionary Principle by Nicolas de Sadeleer Pdf

From fisheries to persistent organic pollutants to climate change itself, no other environmental principle in environmental law has produced as much controversy as the precautionary principle. Unlike a preventive approach in which action is taken provided that the threats to the environment are tangible, with a precautionary approach, authorities are prepared to tackle risks for which there is no definitive proof that the damage will materialize. The ramifications of this increasingly apparent approach are profound and cut across all areas of risk assessment and management, environmental law, policy and regulation in every major sector. However, to date little thought has been dedicated to the implementation of the precautionary principle in a wide array of environmental circumstances. This authoritative handbook addresses the legal aspects of how the precautionary principle is implemented in different sectors, and examines its successes, failures, strengths and weaknesses. Sectors and subjects covered include chemicals, GMOs, marine pollution, fisheries and nature conservation, and the book draws on cases in the EU, in the USA, and Nordic countries, where the use of precaution has been gathering momentum. Ultimately, the book provides an indispensable appraisal of the question - increasingly important in the era of human-induced climate change - of whether the precautionary principle is relevant, indeed essential, to avert major environmental and health risks, and how and when it can be used successfully. Published with MARIE CURIE ACTIONS

Precautionary Rights And Duties of States

Arie Trouwborst
Precautionary Rights And Duties of States Book PDF

Author : Arie Trouwborst
Publisher : BRILL
Page : 372 pages
File Size : 47,5 Mb
Release : 2006
Category : Law
ISBN : 9789004152120

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Precautionary Rights And Duties of States by Arie Trouwborst Pdf

This work makes clear what it means that the precautionary principle represents customary international law. Through the analysis of state practice regarding this principle of international environmental law, it answers crucial questions concerning the conditions triggering a right or duty to take precautionary action; the nature and content of such action; the issue areas to which the principle applies; the allocation of the burden of proof; and the role of socio-economic factors. Ultimately, it details what it takes to act in conformity with the precautionary principle under general international law.

Contemporary Issues in International Environmental Law

M. Fitzmaurice
Contemporary Issues in International Environmental Law Book PDF

Author : M. Fitzmaurice
Publisher : Edward Elgar Publishing
Page : 247 pages
File Size : 52,5 Mb
Release : 2009-01-01
Category : Law
ISBN : 9781848447318

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Contemporary Issues in International Environmental Law by M. Fitzmaurice Pdf

. . . Highly recommended as a key contribution to the literature. It fulfils its title in being contemporaneous, but more than that it also provides a subtle critique of how many international environmental lawyers have approached their subject. . . this book will be an essential read for anyone interested in the subject. British Yearbook of International Law This book presents an interesting, scholarly read. . . an invaluable reference asset, to law students, researchers, policy makers and non-state actors with interest in environmental regulation and governance. Priscilla Schwartz, Journal of Environmental Law This is a thoughtful and well-researched study of current issues in international environmental law. Malgosia Fitzmaurice s collection of essays is a welcome addition to the literature in this rapidly developing area of the law: it provides perspective on the environmental law issues discussed, but always against the background of the broader concepts and principles of general international law. James Crawford, University of Cambridge, UK The central aim of this insightful book is to illuminate how many concepts in international environmental law such as the precautionary principle and sustainable development are taken for granted. These problematic issues are very much still evolving and subject to heated debate between scholars as well as between states. The author explores these controversies viewing them as a positive development within a field that is in a constant state of flux. Areas discussed include the convergence of human rights with environmental issues and the quest for the human right to a clean environment. The book also clearly demonstrates that international environmental law cannot be analysed in isolation since it greatly influences the development of general international law. Taking full account of the most recent decisions of international courts and tribunals as well as the most up-to-date scholarly analysis, Contemporary Issues in International Environmental Law is a timely and important resource for legal scholars, under- and post-graduates and practitioners alike.

Environment in the Courtroom

Alan Ingelson
Environment in the Courtroom Book PDF

Author : Alan Ingelson
Publisher : Unknown
Page : 0 pages
File Size : 40,5 Mb
Release : 2019
Category : Environmental law
ISBN : 1552389855

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Environment in the Courtroom by Alan Ingelson Pdf

"'Environment in the Courtroom' provides extensive insight into Canadian environmental law. Covering key environmental concepts and the unique nature of environmental damage, environmental prosecutions, sentencing and environmental offences, evidentiary issues in environmental processes and hearings, issues associated with site inspections, investigations, and enforcement, and more, this collection has the potential to make a significant difference at the level of understanding and practice. Containing perspective and insight from experienced and prominent Canadian legal practitioners and scholars, Environment in the Courtroom addresses the Canadian provinces and territories and provides context by comparison to the United States and Australia"--Provided by the publisher.

Arbitrary and Capricious

Gary Elvin Marchant,Kenneth L. Mossman
Arbitrary and Capricious Book PDF

Author : Gary Elvin Marchant,Kenneth L. Mossman
Publisher : American Enterprise Institute
Page : 112 pages
File Size : 40,7 Mb
Release : 2004
Category : Business & Economics
ISBN : 0844741892

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Arbitrary and Capricious by Gary Elvin Marchant,Kenneth L. Mossman Pdf

This study examines how the European Union has used the precautionary principle in legal decisions.

The Precautionary Principle and International Law:The Challenge of Implementation

David Freestone,Ellen Hey
The Precautionary Principle and International Law The Challenge of Implementation Book PDF

Author : David Freestone,Ellen Hey
Publisher : Kluwer Law International B.V.
Page : 294 pages
File Size : 42,5 Mb
Release : 1996-01-01
Category : Law
ISBN : 9789041101433

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The Precautionary Principle and International Law:The Challenge of Implementation by David Freestone,Ellen Hey Pdf

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 Prevention Principle in International Environmental Law

Leslie-Anne Duvic-Paoli
The Prevention Principle in International Environmental Law Book PDF

Author : Leslie-Anne Duvic-Paoli
Publisher : Unknown
Page : 429 pages
File Size : 54,5 Mb
Release : 2018-05-31
Category : Law
ISBN : 9781108429412

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The Prevention Principle in International Environmental Law by Leslie-Anne Duvic-Paoli Pdf

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

Principles of Environmental Law

Ludwig Krämer,Emanuela Orlando
Principles of Environmental Law Book PDF

Author : Ludwig Krämer,Emanuela Orlando
Publisher : Unknown
Page : 0 pages
File Size : 43,5 Mb
Release : 2018
Category : Environmental law
ISBN : 1785365657

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Principles of Environmental Law by Ludwig Krämer,Emanuela Orlando Pdf

Environmental law principles, such as the polluter pays, the precautionary principle or the common but differentiated responsibilities, have had a very important function in the shaping and evolution of the young sector of environmental law which has developed over the last fifty years. Yet, their status, content, binding force and functions in law remain largely uncertain. Forming a key part of the Elgar Encyclopedia of Environmental Law, this book examines the facets of environmental principles in international, national and regional law, as applied in different parts of the world and by a variety of courts. It assembles more than fifty contributions from all continents which clarify that, as the environment itself has no voice and cannot express its concerns, there is an overriding importance of scholars' active discussion of environmental principles. The book demonstrates that the necessity to preserve this planet requires a continuous, democratic discussion of values, objectives and concepts which are expressed in the numerous and continuously evolving environmental principles.

Environmental Principles and Policies

Sharon Beder
Environmental Principles and Policies Book PDF

Author : Sharon Beder
Publisher : Routledge
Page : 313 pages
File Size : 50,7 Mb
Release : 2013-11-05
Category : Nature
ISBN : 9781134037261

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Environmental Principles and Policies by Sharon Beder Pdf

Environmental Principles and Policies uses environmental and social principles to analyse the latest wave of economic-based and market-orientated environmental policies currently being adopted around the world. This book provides an in-depth examination of six key principles that have been incorporated into international treaties and the national laws of many countries: * ecological sustainability * the polluter pays principle * the precautionary principle * equity * human rights * public participation These principles are then used to evaluate a range of policies including pollution charges, emissions, trading, water markets, biodiversity banks and tradable fishing rights. Environmental Principles and Policies is easily accessible, using non-technical language throughout, and - in what sets it apart from other books on environmental policy-making - it takes a critical and interdisciplinary approach. It does not set out policies in a descriptive or prescriptive way, but analyses and evaluates policy options from a variety of perspectives. This enables readers to gain a thorough grasp of important principles and current policies, as well as demonstrating how principles can be used to critically assess environmental policies.

Applying the Precautionary Principle

Adrian Deville,Ronnie Harding
Applying the Precautionary Principle Book PDF

Author : Adrian Deville,Ronnie Harding
Publisher : Gaunt
Page : 79 pages
File Size : 44,8 Mb
Release : 1997
Category : Architecture
ISBN : 1862872031

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Applying the Precautionary Principle by Adrian Deville,Ronnie Harding Pdf

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.'

The Precautionary Principle in Marine Environmental Law

Bénédicte Sage-Fuller
The Precautionary Principle in Marine Environmental Law Book PDF

Author : Bénédicte Sage-Fuller
Publisher : Routledge
Page : 297 pages
File Size : 50,8 Mb
Release : 2013-07-18
Category : Law
ISBN : 9781135020019

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The Precautionary Principle in Marine Environmental Law by Bénédicte Sage-Fuller Pdf

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.

International Law and Governance of Natural Resources in Conflict and Post-Conflict Situations

Daniëlla Dam-de Jong
International Law and Governance of Natural Resources in Conflict and Post Conflict Situations Book PDF

Author : Daniëlla Dam-de Jong
Publisher : Cambridge University Press
Page : 515 pages
File Size : 46,5 Mb
Release : 2015-06-26
Category : Law
ISBN : 9781107093836

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International Law and Governance of Natural Resources in Conflict and Post-Conflict Situations by Daniëlla Dam-de Jong Pdf

An assessment of the role of international law in preventing natural resources from fuelling armed conflict and improving their governance.