Precautionary Rights And Duties Of States
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Precautionary Rights And Duties Of States
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Author : Arie Trouwborst
language : en
Publisher: BRILL
Release Date : 2006-06-01
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 2006-06-01 with Law categories.
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.
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 International Seabed Authority And The Precautionary Principle
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Author : Aline L. Jaeckel
language : en
Publisher: BRILL
Release Date : 2017-01-05
The International Seabed Authority And The Precautionary Principle written by Aline L. Jaeckel and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-01-05 with Law categories.
With the transition to the commercial-scale exploitation of deep seabed minerals, the International Seabed Authority’s obligation to protect the marine environment is being tested. In The International Seabed Authority and the Precautionary Principle, Aline L. Jaeckel provides the first in-depth analysis of the Authority’s work in regulating and managing deep seabed minerals. This book examines whether and to what extent the Authority is implementing the precautionary principle in practice. This includes the development of adequate environmental protection standards as well as procedural safeguards and decision-making processes that facilitate risk assessment and risk management. In doing so, the author offers an insightful example of how the precautionary principle can be translated into a practical management tool.
An International Legal Framework For Geoengineering
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Author : Haomiao Du
language : en
Publisher: Routledge
Release Date : 2017-10-18
An International Legal Framework For Geoengineering written by Haomiao Du and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-10-18 with Business & Economics categories.
Geoengineering provides new possibilities for humans to deal with dangerous climate change and its effects but at the same time creates new risks to the planet. This book responds to the challenges geoengineering poses to International Law by identifying and developing the rules and principles that are aimed at controlling the risks to the environment and human health arising from geoengineering activities, without neglecting the contribution that geoengineering could make in preventing dangerous climate change and its impacts. It argues first that the employment of geoengineering should not cause significant environmental harm to the areas beyond the jurisdiction of the state of origin or the global commons, and the risk of causing such harm should be minimized or controlled. Second, the potential of geoengineering in contributing to preventing dangerous climate change should not be downplayed.
Research Handbook On International Environmental Law
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Author : Malgosia Fitzmaurice
language : en
Publisher: Edward Elgar Publishing
Release Date : 2010
Research Handbook On International Environmental Law written by Malgosia Fitzmaurice and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010 with Law categories.
. . . an impressive volume and the editors have put together a high quality collection. Research Handbook on International Environmental Law ought to be an invaluable reference source for both teachers and students of international environmental law in the years to come. Web Journal of Current Legal Issues This wide-ranging and comprehensive Handbook examines recent developments in international environmental law (IEL) and the crossover effects of this expansion on other areas of international law, such as trade law and the law of the sea. The expert contributors offer analyses of foundational issues in IEL, such as responsibility for environmental damage, sustainable development and the precautionary principle, alongside studies in topical subject areas including marine protection and the law of international watercourses. This Research Handbook offers an in-depth analysis of IEL, both as a field of law in its own right, and as part of the wider system of international law. It gives a comprehensive view of IEL in all its forms and complexity. With thorough examination of specific environmental regimes and compliance mechanisms, this Handbook will be an indispensable resource for legal scholars, students and practitioners alike.
The Rio Declaration On Environment And Development
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Author : Jorge E. Viñuales
language : en
Publisher: OUP Oxford
Release Date : 2015-02-05
The Rio Declaration On Environment And Development written by Jorge E. Viñuales and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-02-05 with Law categories.
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.
Space Law
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Author : Francis Lyall
language : en
Publisher: Taylor & Francis
Release Date : 2024-07-19
Space Law written by Francis Lyall and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-07-19 with Law categories.
As space continues to attract substantial public and private investment and has become ever more active, the third edition of this book has been updated to cover recent developments. This includes the legal bases of UN Resolution 76/3, the Space3030 Agenda, which envisages ‘space as a driver of sustainable development’ and sets out an extensive programme for the future. The work also takes account of adaptations and augmentations to basic space treaties. It examines the increasing commercialisation of space in areas such as space tourism and space mining, for which four states have already adopted relevant legislation. The impact of new technologies such as satellite constellations and micro-satellites are also scrutinised. At a time when space tourism is available to those who can afford it and when the moon will shortly be revisited with a prospect of permanent bases, this third edition provides a firm base for the next generation of space lawyers. As with previous editions, the work draws from governmental, international organisational and other authoritative sources as well as the relevant literature in the field. The book will be an essential and comprehensive resource for students, academics and researchers as well as space agencies, governments and space-active companies. It will also be of value to technical operatives and managers who need to know the legal context within which they work.
Filling Regulatory Gaps In High Seas Fisheries
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Author : Yoshinobu Takei
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 2013-03-27
Filling Regulatory Gaps In High Seas Fisheries written by Yoshinobu Takei 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 2013-03-27 with Law categories.
In Filling Regulatory Gaps in High Seas Fisheries, author Yoshinobu Takei investigates the regime of high seas fisheries from the perspective of international law and considers whether there are regulatory gaps in high seas fisheries and, if so, how they should be filled. The book focuses on topical issues such as the management of deep-sea fisheries on the high seas and the protection of vulnerable marine ecosystems. In view of the current state of marine fisheries resources, together with ecosystem concerns, swift and effective action is required to improve fisheries management, in particular for high seas fisheries. Takei thoroughly analyzes the current state of affairs and convincingly suggests steps to be taken in the future.
Sustainable Development In International Law
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Author : Dire Tladi
language : en
Publisher: PULP
Release Date : 2007
Sustainable Development In International Law written by Dire Tladi and has been published by PULP this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007 with Law categories.
Regulating Disasters Climate Change And Environmental Harm
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Author : Michael Faure
language : en
Publisher: Edward Elgar Publishing
Release Date : 2013-01-01
Regulating Disasters Climate Change And Environmental Harm written by Michael Faure and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-01-01 with Technology & Engineering categories.
This collection brings together insightful analyses of how developing countries can manage serious hazards. Natural disasters have long been threats to developing countries, but now climate change is increasing many risks and posing new challenges.