The Prevention Principle In International Environmental Law
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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.
The Prevention Principle In International Environmental Law
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Author : Leslie-Anne Duvic-Paoli
language : en
Publisher:
Release Date : 2016
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 2016 with categories.
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.
The Prevention Principle In International Environmental Law
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Author : Leslie-Anne Duvic-Paoli
language : en
Publisher: Cambridge University Press
Release Date : 2018-05-31
The Prevention Principle In International Environmental Law written by Leslie-Anne Duvic-Paoli 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 2018-05-31 with Law categories.
Prevention is recognized as a cornerstone of international environmental law, but this principle remains abstract and elusive in terms of exactly what is required of states to prevent environmental harm. In this illuminating work, Leslie-Anne Duvic-Paoli addresses this issue by offering a systematic, comprehensive assessment in which she clarifies the rationale, content, and scope of the prevention principle while also placing it in a wider legal context. The book offers a detailed analysis of treaty law, custom codification works, and case law before culminating in a conceptualization of prevention based on three definitional traits: 1. Its anticipatory rationale; 2. Its due diligence content; and 3. Its wide spatial scope to protect the environment as a whole. This book should be read by anyone seeking to understand the evolving principle of prevention in international environmental law, and how it increasingly shares common ground with reparation in the arena of compliance control.
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)
Emerging Principles Of International Environmental Law
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Author : Sumudu Atapattu
language : en
Publisher: BRILL
Release Date : 2007-04-30
Emerging Principles Of International Environmental Law written by Sumudu Atapattu and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007-04-30 with Law categories.
Emerging Principles of International Environmental Law is ideally suited for any law or environmental studies student, practitioner or law academic who is interested in the legal status of emerging principles in the field of international environmental law. Among its highlights, the text examines the interaction of principles/concepts such as sustainable development, the precautionary principle etc., with one another and how the present international environmental law regime has taken the vast disparity between developed and developing countries into account in designing innovative methods to accommodate this disparity.
Precautionary Legal Duties And Principles Of Modern International Environmental Law
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Author : Harald Hohmann
language : en
Publisher: Kluwer Law International
Release Date : 1994-01-01
Precautionary Legal Duties And Principles Of Modern International Environmental Law written by Harald Hohmann and has been published by Kluwer Law International this book supported file pdf, txt, epub, kindle and other format this book has been release on 1994-01-01 with Law categories.
This first monograph on the precautionary principle reviews the basic environmental declarations of the most important international environmental organizations (UNO/UNEP, EEC, OECD, Council of Europe, etc.) and bodies (ILA, IDI, ILC). It also analyses the basic international agreements for the protection of the environment (water, land/species, air/atmosphere). This analysis covers the basic documents of international environmental law issued from 1911 to 1993. Its aim is to specify to what extent the precautionary principle is established in current international environmental law (customary law and conventions) and what its impact is. The following precautionary duties or principles are analysed: sustainable use and protection of nature also for its own sake; a duty to act in case of mere potential concern (and not only in case of suspicion of concrete danger); a duty of ecomanagement (at least permit requirements, monitoring, pollution control and minimal planning); a duty of regional cooperation (information, notification, consultation, joint research, etc.); a duty of comprehensive planning and to prevent cross-media pollution; a duty of impact assessment and standard setting. Also included into the analysis are: intergenerational equity, right to decent environment, sustainable development, nondiscrimination, equal transboundary access to judicial redress, transfer of technology, financial incentives and treatment at the source. the different approaches of traditional and modern international environmental law are reviewed together with the legal relevance of central provisions of important environmental declarations.
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.
Interpreting The Precautionary Principle
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Author : Timothy O'Riordan
language : en
Publisher: Routledge
Release Date : 2013-07-04
Interpreting The Precautionary Principle written by Timothy O'Riordan and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-07-04 with Business & Economics categories.
Viewed from the perspective of environmental management, this study describes the implications and applications of the precautionary principle - a theory of avoiding risk even when its likelihood seems remote. This principle has been employed in the United Nations Framework Convention on Climate Change and the North Atlantic Convention, yet it is not widely understood. This study examines the history and context of the principle, and its applications to law, governmental policies, business and investment, scientific research and international relations.
Contemporary Issues In International Environmental Law
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Author : M. Fitzmaurice
language : en
Publisher: Edward Elgar Publishing
Release Date : 2009-01-01
Contemporary Issues In International Environmental Law written by M. 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 2009-01-01 with Law categories.
. . . 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.