Evolution And Status Of The Precautionary Principle In International Law
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Evolution And Status Of The Precautionary Principle In International Law
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Author : Arie Trouwborst
language : en
Publisher: Springer
Release Date : 2002-02-27
Evolution And Status Of The Precautionary Principle In International Law written by Arie Trouwborst and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2002-02-27 with Law categories.
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
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Author : Nico J. Schrijver
language : en
Publisher: BRILL
Release Date : 2008-12-15
The Evolution Of Sustainable Development In International Law Inception Meaning And Status written by Nico J. Schrijver and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-12-15 with Law categories.
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
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Author : Simon Marr
language : en
Publisher: BRILL
Release Date : 2021-10-18
The Precautionary Principle In The Law Of The Sea written by Simon Marr and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-10-18 with Law categories.
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
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Author : Nicolas de Sadeleer
language : en
Publisher: Earthscan
Release Date : 2007
Implementing The Precautionary Principle written by Nicolas de Sadeleer and has been published by Earthscan this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007 with Law categories.
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
The Precautionary Principle In Marine Environmental Law
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Author : Bénédicte Sage-Fuller
language : en
Publisher: Routledge
Release Date : 2013-07-18
The Precautionary Principle In Marine Environmental Law written by Bénédicte Sage-Fuller and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-07-18 with Law categories.
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.
The Prevention Principle In International Environmental Law
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Author : Leslie-Anne Duvic-Paoli
language : en
Publisher:
Release Date : 2018-05-31
The Prevention Principle In International Environmental Law written by Leslie-Anne Duvic-Paoli and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-05-31 with Law categories.
The book provides a systematic and comprehensive study of the prevention principle in international environmental law.
Precautionary Rights And Duties Of States
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Author : Arie Trouwborst
language : en
Publisher: BRILL
Release Date : 2006
Precautionary Rights And Duties Of States written by Arie Trouwborst and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006 with Law categories.
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.
The State Practice Of India And The Development Of International Law
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Author : Bimal N. Patel
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 2016-07-14
The State Practice Of India And The Development Of International Law written by Bimal N. Patel and has been published by Martinus Nijhoff Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-07-14 with Law categories.
The State Practice of India and the Development of International Law by Bimal N. Patel provides a critical analysis of India’s state practice and development of international law.
Arbitrary And Capricious
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Author : Gary Elvin Marchant
language : en
Publisher: American Enterprise Institute
Release Date : 2004
Arbitrary And Capricious written by Gary Elvin Marchant and has been published by American Enterprise Institute this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004 with Business & Economics categories.
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
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Author : David Freestone
language : en
Publisher: Kluwer Law International B.V.
Release Date : 1996-01-01
The Precautionary Principle And International Law The Challenge Of Implementation written by David Freestone and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 1996-01-01 with Law categories.
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.