Risk And The Regulation Of Uncertainty In International Law
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Risk And The Regulation Of Uncertainty In International Law
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Author : Monika Ambrus
language : en
Publisher: Oxford University Press
Release Date : 2017-10-27
Risk And The Regulation Of Uncertainty In International Law written by Monika Ambrus and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-10-27 with Law categories.
Increasingly, international legal arrangements imagine future worlds or create space for experts to articulate how the future can be conceptualized and managed. With the increased specialization of international law, a series of functional regimes and sub-regimes has emerged, each with their own imageries, vocabularies, expert-knowledge, and rules to translate our hopes and fears for the future into action in the present. At issue in the development of these regimes are not just competing predictions of the future based on what we know about what has happened in the past and what we know is happening in the present. Rather, these regimes seek to deal with futures about which we know very little or nothing at all; futures that are inherently uncertain and even potentially catastrophic; futures for which we need to find ways to identify, conceptualise, manage, and regulate risks the existence of which we can possibly only speculate about. This book explores how the future is imagined, articulated, and managed across the various fields of international law, including the use of force, maritime security, international economic and environmental law, and human rights. It investigates how the future is construed in these various areas; how the costs of risk, risk regulation, risk assessment, and risk management are distributed in international law; the effect of uncertain futures on the subjects of international law; and the way in which international law operates when faced with catastrophic or existential risk.
Uncertain Risks Regulated
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Author : Ellen Vos
language : en
Publisher: Routledge
Release Date : 2009-01-26
Uncertain Risks Regulated written by Ellen Vos and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-01-26 with Law categories.
Uncertain Risks Regulated compares various models of risk regulation in order to understand how these systems shape the relationship between law and science, and how they attempt to overcome public distrust in science-based decision-making. The book contributes to the ongoing debate relating to uncertainty and risks - and the difficulties faced by the European Union in particular - in regulating theses issues, taking account of both national and international constraints. The term 'uncertain risk' is comparable with notions of hazard and indeterminate risk, as deployed within the social sciences; but it also aims to capture the modern regulatory reality that a non-quantifiable hazard must still be addressed by society, law and its regulators. Decisions must be taken in the face of uncertainty. And, whilst it is not possible to provide clear cut models of risk regulation, in focusing on regulatory practices at a national, EU and international level, the contributors to this volume aim to use fact finding as a core instrument of learning for risk regulation.
Uncertain Risks Regulated
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Author : Vos Ellen
language : en
Publisher:
Release Date : 2007
Uncertain Risks Regulated written by Vos Ellen and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007 with categories.
Legal Risks In Eu Law
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Author : Emilia Mišćenić
language : en
Publisher: Springer
Release Date : 2016-04-13
Legal Risks In Eu Law written by Emilia Mišćenić and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-04-13 with Law categories.
This book takes a completely new and innovative approach to analysing the development of EU law. Within the framework of different important areas of EU law, such as the internal market, consumer protection law, social law, investment law, environment law, migration law, legal translation and terminology, it examines the Union’s approach to the regulation and management of legal risks. Over the years, the Union has come to a point where it is becoming increasingly difficult to justify its authority to regulate in various areas of law. In managing legal risks deriving from the diversity of Member States’ laws, which create barriers to trade and hinder the Union’s economy, the Union itself has actually produced new legal risks that now have to be addressed. This failure on the part of EU institutions to manage legal risks has contributed to legal uncertainty for actors operating on the internal market. This book intends to contribute to the Union’s smoother functioning and continuing development by proposing effective concrete solutions for managing the legal risks distorting the development of various areas of EU law. It pursues an innovative and effective approach to identify legal risks, their causes at the EU level and their impacts on the functioning of the Union and its Member States. By presenting new approaches in this context, the first book on legal risk management in the EU will actively promote the improvement of the EU lawmaking process and the application of EU law in practice.
Law And Uncertainty Risks And Legal Processes
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Author : Robert Baldwin
language : en
Publisher: Springer
Release Date : 1997-01-17
Law And Uncertainty Risks And Legal Processes written by Robert Baldwin and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 1997-01-17 with Law categories.
Law and Uncertainty: Risks and Legal Processes examines the role of the law and legal institutions in coping with the risks and uncertainties that pervade our lives. it examines key concerns, such as how issues relating to risks can be dealt with by means of legal processes, and how risks can be controlled through different legal formulations and techniques. The contents cover a wide range of risk issues as they arise in legal contexts, ranging from the problems of assessing risks within the criminal justice system To The difficulties that judges encounter in processing risk-laden issues through the courts. This study brings together papers delivered at the WG Hart Legal Workshop of 1995, held at the Institute for Advanced Legal Studies in London.
Science And Risk Regulation In International Law
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Author : Jacqueline Peel
language : en
Publisher:
Release Date : 2010
Science And Risk Regulation In International Law written by Jacqueline Peel and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010 with Electronic books categories.
The regulation of risk is a preoccupation of contemporary global society and an increasingly important part of international law in areas ranging from environmental protection to international trade. This book examines a key aspect of international risk regulation - the way in which science and technical expertise are used in reaching decisions about how to assess and manage global risks. An interdisciplinary analysis is employed to illuminate how science has been used in international legal processes and global institutions such as the World Trade Organization. Case studies of risk regulation in international law are drawn from diverse fields including environmental treaty law, international trade law, food safety regulation and standard-setting, biosafety and chemicals regulation. The book also addresses the important question of the most appropriate balance between science and non-scientific inputs in different areas of international risk regulation.
Uncertainty In Mechanical Engineering
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Author : Peter F. Pelz
language : en
Publisher: Springer
Release Date : 2021-05-27
Uncertainty In Mechanical Engineering written by Peter F. Pelz and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-05-27 with Technology & Engineering categories.
This open access book reports on methods and technologies to describe, evaluate and control uncertainty in mechanical engineering applications. It brings together contributions by engineers, mathematicians and legal experts, offering a multidisciplinary perspective on the main issues affecting uncertainty throughout the complete system lifetime, which includes process and product planning, development, production and usage. The book is based on the proceedings of the 4th International Conference on Uncertainty in Mechanical Engineering (ICUME 2021), organized by the Collaborative Research Center (CRC) 805 of the TU Darmstadt, and held online on June 7–8, 2021. All in all, it offers a timely resource for researchers, graduate students and practitioners in the field of mechanical engineering, production engineering and engineering optimization.
Science And Judicial Reasoning
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Author : Katalin Sulyok
language : en
Publisher: Cambridge University Press
Release Date : 2020-10-29
Science And Judicial Reasoning written by Katalin Sulyok and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-10-29 with Business & Economics categories.
This pioneering study on environmental case-law examines how courts engage with science and reviews legitimate styles of judicial reasoning.
Secondary Rules Of Primary Importance In International Law
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Author : Gábor Kajtár
language : en
Publisher: Oxford University Press
Release Date : 2022-10-31
Secondary Rules Of Primary Importance In International Law written by Gábor Kajtár and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-10-31 with Law categories.
The focus of this edited volume is the often-overlooked importance of secondary rules of international law. Secondary rules of international law-such as attribution, causality, and the standard and burden of proof-have often been neglected in scholarly literature and have seen fragmented application in international legal practice. Yet the systemic nature of international law entails that coherent and consistent application of such rules is a key element in reinforcing the legitimacy of decisions of international courts and tribunals. Accelerated development of international law and international litigation, coupled with the fragmented nature of the adjudicatory terrain calls for theoretical scrutiny and systemic analysis of the developments in the judicial treatment of secondary rules. This publication makes three important contributions to the study of secondary rules. First, it offers a comprehensive, expert doctrinal analysis of how standard of review, causation, evidentiary rules, and attribution operate in the case law of international courts or tribunals in fields spanning human rights, trade, investment, and humanitarian law. Second, it comparatively evaluates the divergent layers of meanings and normative expectations attached to secondary rules in international law scholarship as well as in the judicial practice of international courts and tribunals. Finally, the book investigates the role that secondary rules play in the development of the primary rules in international law and for the legitimacy of the decisions of international courts and tribunals. Earlier scholarly works have not problematized the role of secondary rules of international law in adjudication thoroughly. Secondary Rules of Primary Importance in International Law seeks to fill this gap by emphasizing the consequential nature of these secondary rules and argues that the outcome of litigation is fundamentally shaped by the exact standard of proof, standard of review, or attribution basis that is chosen by adjudicators. As such, the book offers an important resource for the study and practice of international law against the backdrop of the wide-ranging and fragmented nature of international adjudication.
Regulation Of Risk
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Author : Abhinayan Basu Bal
language : en
Publisher: BRILL
Release Date : 2022-12-28
Regulation Of Risk written by Abhinayan Basu Bal and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-12-28 with Law categories.
Regulation of Risk provides comprehensive insight into regulation of risk in transport, trade and environment. Contributions provide national, regional and international perspectives on pressing questions: How is risk conceived in light of novel technological deployment, climate change, political upheaval, evolving geopolitics, and the COVID-19 pandemic? What legal tools such as contractual frameworks and governance structures are available to manage the changing landscape of risk? This book highlights the importance of dialogue and collaborative decision-making on risk between policymakers, institutions, societal stakeholders and the scientific community.