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Author : ARIE TROUWBORST
Publisher : Unknown
Page : 364 pages
File Size : 54,5 Mb
Release : 2006-05-30
Category : Law
ISBN : 900415213X
Author : Arie Trouwborst
Publisher : BRILL
Page : 372 pages
File Size : 44,8 Mb
Release : 2006
Category : Law
ISBN : 9789004152120
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.
Author : Arie Trouwborst
Publisher : BRILL
Page : 372 pages
File Size : 47,7 Mb
Release : 2006-06-01
Category : Law
ISBN : 9789047418276
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.
Author : Simon Marr
Publisher : Martinus Nijhoff Publishers
Page : 278 pages
File Size : 42,9 Mb
Release : 2003
Category : Law
ISBN : 9041120157
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.
Author : Levente Szentkirályi
Publisher : Routledge
Page : 213 pages
File Size : 55,5 Mb
Release : 2019-11-22
Category : Political Science
ISBN : 9780429521058
There are thousands of substances manufactured in the United States to which the public is routinely exposed and for which toxicity data are limited or absent. Some insist that uncertainty about the severity of potential harm justifies implementing precautionary regulations, while others claim that uncertainty justifies the absence of regulations until sufficient evidence confirms a strong probability of severe harm. In this book, Levente Szentkirályi overcomes this impasse in his defense of precautionary environmental risk regulation by shifting the focus from how to manage uncertainty to what it is we owe each other morally. He argues that actions that create uncertain threats wrongfully gamble with the welfare of those who are exposed and neglect the reciprocity that our equal moral standing demands. If we take the moral equality and rights of others seriously, we have a duty to exercise due care to strive to prevent putting them in possible harm’s way. The Ethics of Precaution will be of great interest to researchers, educators, advanced students, and practitioners working in the fields of environmental political theory, ethics of risk, and environmental policy.
Author : Thijs Etty,Han Somsen
Publisher : OUP Oxford
Page : 760 pages
File Size : 43,7 Mb
Release : 2008-09-04
Category : Law
ISBN : 9780191562785
The Yearbook of European Environmental Law is a joint venture between leading academics, practitioners, and Community officials. Academics and students will find a wealth of information in the stimulating and clearly written articles. The well-structured and reliable Annual Survey is specifically designed to provide easy access to the very latest developments in environmental law at the European level. Separate parts of the Yearbook are devoted to important policy documents and reviews of books.
Author : Phoebe Li
Publisher : Routledge
Page : 253 pages
File Size : 46,5 Mb
Release : 2013-12-17
Category : Law
ISBN : 9781135916770
The global transmission of infectious diseases has fuelled the need for a more developed legal framework in international public health to provide prompt and specific guidance during a large-scale emergency. This book develops a means for States to take advantage of the flexibilities of compulsory licensing in the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), which promotes access to medicines in a public health emergency. It presents the precautionary approach (PA) and the structure of risk analysis as a means to build a workable reading of TRIPS and to help States embody the flexibilities of intellectual property (IP). The work investigates the complementary roles of the World Health Organization (WHO) and the World Trade Organization (WTO) in order to promote the harmonisation of the precautionary approach in relation to the patenting of crucial pharmaceutical products. By bringing together international trade law and intellectual property law Phoebe Li demonstrates how through the use of risk analysis and the precautionary approach, States can still comply with their legal obligations in international law, while exercising their sovereignty right in issuing a compulsory licence of a drug patent in an uncertain public health emergency. This book will be of great interest to students and academics of medical and healthcare law, intellectual property law, international trade law, and human rights law.
Author : Afshin Akhtarkhavari
Publisher : Edward Elgar Publishing
Page : 317 pages
File Size : 52,8 Mb
Release : 2010-01-01
Category : Law
ISBN : 9781849804875
This timely book examines the role of environmental principles in changing international environmental law and politics, and argues for the importance of integrating environmental principles in the global governance of the environment. Afshin Akhtarkhavari includes both theoretical and jurisprudential analyses of the concept of environmental principles, as well as detailed case studies to examine their function and role in courts, and the differing approaches taken to soft law and regulation in international politics. Global Governance of the Environment concludes with succinct and insightful considerations of the role of environmental principles in changing international law and politics This topical book will appeal to researchers, academics and students of international environmental law and politics, international relations, as well as domestic environmental law.
Author : Xiangxin Xu
Publisher : BRILL
Page : 307 pages
File Size : 50,5 Mb
Release : 2021-10-05
Category : Law
ISBN : 9789004472341
In Responsibility to Ensure: Sponsoring States’ Environmental Legislation for Deep Seabed Mining and China’s Practice, Xiangxin Xu examines how and to what extent the sponsoring State implements its primary responsibility by enacting national legislation, taking China’s legislation as an example.
Author : Daniëlla Dam-de Jong
Publisher : Cambridge University Press
Page : 515 pages
File Size : 44,5 Mb
Release : 2015-06-26
Category : Law
ISBN : 9781107093836
An assessment of the role of international law in preventing natural resources from fuelling armed conflict and improving their governance.
Author : Pia Acconci,David Donat Cattin,Antonio Marchesi,Giuseppe Palmisano,Valeria Santori
Publisher : Martinus Nijhoff Publishers
Page : 584 pages
File Size : 40,5 Mb
Release : 2016-12-15
Category : Law
ISBN : 9789004269507
This challenging volume contains articles by a wide variety of well-known scholars and practitioners, and deals with human rights, international humanitarian law, international criminal law and humanitarian assistance, as well as other areas of international law relating to the protection of humanity. These are topics to which Flavia Lattanzi, in whose honour the volume is being published, has made an outstanding contribution and to which she has given her determined and unrelenting professional and personal commitment. As a former Professor at the Universities of Pisa, Sassari, Teramo and Roma Tre and as Judge ad litem at the International Tribunal for Rwanda and the International Tribunal for the Former Yugoslavia, she has adhered constantly to a number of important principles, as reflected in the research contained in this volume. They include the firm conviction that respect for human rights is an indispensable precondition for durable peace; the notion that grave breaches of human rights, including the refusal to provide assistance to populations in distress, can imply a threat to international peace and security; and that guarantees against human rights violations include the question of the punishment of core crimes under International Law.
Author : Aline L. Jaeckel
Publisher : BRILL
Page : 382 pages
File Size : 52,8 Mb
Release : 2017-01-10
Category : Law
ISBN : 9789004332287
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 : Jorge E. Viñuales
Publisher : OUP Oxford
Page : 530 pages
File Size : 47,9 Mb
Release : 2015-02-05
Category : Law
ISBN : 9780191510410
The international community has long grappled with the issue of safeguarding the environment and encouraging sustainable development, often with little result. The 1992 Rio Declaration on Environment and Development was an emphatic attempt to address this issue, setting down 27 key principles for the international community to follow. These principles define the rights of people to sustainable development, and the responsibilities of states to safeguard the common environment. The Rio Declaration established that long term economic progress required a connection to environmental protection. It was designed as an authoritative and comprehensive statement of the principles of sustainable development law, an instrument to take stock of the past international and domestic practice, a guide for the design of new multilateral environmental regimes, and as a reference for litigation. This commentary provides an authoritative and comprehensive overview of the principles of the Declaration, written by over thirty inter-disciplinary contributors, including both leading practitioners and academics. Each principle is analysed in light of its origins and rationale. The book investigates each principle's travaux préparatoires setting out the main points of controversy and the position of different countries or groups. It analyses the scope and dimensions of each principle, providing an in-depth understanding of its legal effects, including whether it can be relied before a domestic or international court. It also assesses the impact of the principles on subsequent soft law and treaty development, as well as domestic and international jurisprudence. The authors demonstrate the ways in which the principles interact with each other, and finally provide a detailed analysis of the shortcomings and future potential of each principle. This book will be of vital importance to practitioners, scholars, and students of international environomental law and sustainable development.
Author : United Nations
Publisher : United Nations
Page : 172 pages
File Size : 43,7 Mb
Release : 2019-12-18
Category : Political Science
ISBN : 9789210472067
The International Law Commission was established in 1947 with a view to carrying out the responsibility of the General Assembly, under article 13(1)(a) of the Charter of the United Nations, to initiate studies and make recommendations for the purpose of ... encouraging the progressive development of international law and its codification. Since its first session in 1949, the Commission has considered a wide-range of topics of international law and made a number of proposals for its codification and progressive development, some of which have served as the basis for the subsequent adoption of major multilateral treaties. The Yearbook of the International Law Commission contains the official records of the Commission and is an indispensable tool for the preservation of the legislative history of the documents emanating from the Commission, as well as for the teaching, study, dissemination and wider appreciation of the efforts undertaken by the Commission in the progressive development of international law and its codification. Volume II (Part One) reproduces the edited versions of the official documents considered by the Commission at the respective annual session.
Author : Alison McLennan
Publisher : Edward Elgar Publishing
Page : 424 pages
File Size : 52,9 Mb
Release : 2018-04-27
Category : Business & Economics
ISBN : 9781785369445
This book explores the interplay between regulation and emerging technologies in the context of synthetic biology, a developing field that promises great benefits, and has already yielded fuels and medicines made with designer micro-organisms. For all its promise, however, it also poses various risks. Investigating the distinctiveness of synthetic biology and the regulatory issues that arise, Alison McLennan questions whether synthetic biology can be regulated within existing structures or whether new mechanisms are needed.
