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The Precautionary Principle And International Lawthe Challenge Of Implementation
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Book Synopsis The Precautionary Principle and International Law:The Challenge of Implementation by : David Freestone
Download or read book The Precautionary Principle and International Law:The Challenge of Implementation written by David Freestone and published by Kluwer Law International B.V.. This book was released on 1996-01-01 with total page 294 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis The Precautionary Principle and International Law by : David and Ellen Hey (Eds.) Freestone
Download or read book The Precautionary Principle and International Law written by David and Ellen Hey (Eds.) Freestone and published by . This book was released on 1996 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Precautionary Principle in the Law of the Sea by : Simon Marr
Download or read book The Precautionary Principle in the Law of the Sea written by Simon Marr and published by BRILL. This book was released on 2021-10-18 with total page 267 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis The International Seabed Authority and the Precautionary Principle by : Aline L. Jaeckel
Download or read book The International Seabed Authority and the Precautionary Principle written by Aline L. Jaeckel and published by BRILL. This book was released on 2017-01-10 with total page 382 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Evolution and Status of the Precautionary Principle in International Law by : Arie Trouwborst
Download or read book Evolution and Status of the Precautionary Principle in International Law written by Arie Trouwborst and published by Springer. This book was released on 2002-02-27 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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)
Book Synopsis Towards Sustainable Fisheries Law by : Gerd Winter
Download or read book Towards Sustainable Fisheries Law written by Gerd Winter and published by IUCN. This book was released on 2009 with total page 357 pages. Available in PDF, EPUB and Kindle. Book excerpt: With the growing scarcity of fish resources, instruments of fisheries management become crucial. This publication suggests a legal approach to this isssue, and focuses on six case studies: Indonesia, Kenya, Namibia, Brazil, Mexico and the EU. The case studies are preceded by an analysis of the international law requirements concerning fisheries management, with a focus on fisheries in Exclusive Economic Zones. The final part of the book summarises the case studies and develops a proposal for a 'legal clinic' for fisheries management.
Book Synopsis International Law and Sustainable Development by : Alan E. Boyle
Download or read book International Law and Sustainable Development written by Alan E. Boyle and published by Oxford University Press, USA. This book was released on 2001 with total page 414 pages. Available in PDF, EPUB and Kindle. Book excerpt: International Law and Sustainable Development: Past Achievements and Future Challenges is a collection of essays that cover some of the most important contemporary issues in contemporary law relating to sustainable development, the utilization of natural resources, and the protection of theenvironment. Written by well-known experts on these topics who include judges of the International Court of Justice and the International Tribunal for the Law of the Sea; legal advisers from international organizations such as the World Bank, the International Maritime Organization, and the Food andAgriculture Organization; and practitioners of international law, as well as some of the leading scholars writing on international environmental law and related subjects this book covers many of the major legal developments that have taken place since the United Nations Conference on EnvironmentalDevelopment held in Rio de Janeiro in 1992.The contributors bring new perspectives on sustainable development as a legal principle, the role of the International Law Commission in codifying international environmental law, the protection of the marine environment following the entry into force of the 1982 UN Convention of the Law of the Sea,and the revolution in international fisheries law. The editors have ensured that the book covers a wide range of topics from Antarctica to small whales and the book will be of particular interest to those teaching or practising law of the sea and international environmental law.
Book Synopsis The Application of the Precautionary Principle in Practice by : Joakim Zander
Download or read book The Application of the Precautionary Principle in Practice written by Joakim Zander and published by Cambridge University Press. This book was released on 2010-08-19 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: This overview of the role played by the precautionary principle in international trade law, European law and national law compares how precautionary considerations have been applied in the fields of pesticide regulation and the regulation of base stations for mobile telephones in Sweden, the UK and the US. A number of problems in the current application of the precautionary principle are identified and discussed. For example, it is shown that a firm reliance on a wide and open-ended precautionary principle may lead to problems with the consistency, foreseeability, effectiveness and efficiency of measures intended to reduce environmental or health risks. It is suggested that the precautionary principle indeed may be an important tool, but that in order to be acceptable it must be coupled with strong requirements on the performance of risk assessments, cost/benefit analyses and risk trade-off analyses.
Book Synopsis Implementing the Precautionary Principle by : Elizabeth Charlotte Fisher
Download or read book Implementing the Precautionary Principle written by Elizabeth Charlotte Fisher and published by Edward Elgar Publishing. This book was released on 2006-01-01 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: This challenging book takes a broad and thought-provoking look at the precautionary principle and its implementation, or potential implementation, in a number of fields. In particular, the essays within the book explore the challenges faced by public decision-making processes when applying the precautionary principle, including its role in risk management and risk assessment. Frameworks for improved decision making are considered, followed by a detailed analysis of prospective applications of the precautionary principle in a number of emerging fields including: nanotechnology, climate change.
Book Synopsis Research Handbook on International Environmental Law by : Malgosia Fitzmaurice
Download or read book Research Handbook on International Environmental Law written by Malgosia Fitzmaurice and published by Edward Elgar Publishing. This book was released on 2010 with total page 737 pages. Available in PDF, EPUB and Kindle. Book excerpt: . . . 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.
Book Synopsis Implementing the Precautionary Principle by : Elizabeth Fisher
Download or read book Implementing the Precautionary Principle written by Elizabeth Fisher and published by Edward Elgar Publishing. This book was released on 2006 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This challenging book takes a broad look at the precautionary principle and its implementation, or potential implementation, in a number of fields. The analysis is both coherent and interdisciplinary, employing perspectives from law, the social sciences and public policy with a view to improving both the legitimacy and effectiveness of public policy at national and international levels.
Book Synopsis Applying the Precautionary Principle by : Adrian Deville
Download or read book Applying the Precautionary Principle written by Adrian Deville and published by Gaunt. This book was released on 1997 with total page 79 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Australian Environmental Review says about this book:'... Applying the Precautionary Principle is a step-by-step guide to the practice. ... included [are] numerous worked examples of the precautionary principle at work to further enhance the understanding of the concept. ... ideal for environmental planning and development decision makers in both public and private sectors, students who increasingly need to set their technical and professional education in the context of ecologically sustainable development and community groups and lobbyists who want an understanding of the principle, how it can be applied and its potential influence on decision makers.'
Book Synopsis Arbitrary and Capricious by : Gary Elvin Marchant
Download or read book Arbitrary and Capricious written by Gary Elvin Marchant and published by American Enterprise Institute. This book was released on 2004 with total page 112 pages. Available in PDF, EPUB and Kindle. Book excerpt: This study examines how the European Union has used the precautionary principle in legal decisions.
Book Synopsis The Interaction between World Trade Organisation (WTO) Law and External International Law by : Ronnie R.F. Yearwood
Download or read book The Interaction between World Trade Organisation (WTO) Law and External International Law written by Ronnie R.F. Yearwood and published by Routledge. This book was released on 2012-05-23 with total page 266 pages. Available in PDF, EPUB and Kindle. Book excerpt: International legal scholarship is concerned with the fragmentation of international law into specialised legal systems such as trade, environment and human rights. Fragmentation raises questions about the inter-systemic interaction between the various specialised systems of international law. This study conceptually focuses on the interaction between World Trade Organisation (WTO) law and external international law. It introduces a legal theory of WTO law, constrained openness, as a way to understand that interaction. The idea is that WTO law, from its own internal point of view, constructs its own law. The effect is that external international law is not incorporated into WTO law wholesale, but is (re)constructed as WTO law. It follows that legal systems do not directly communicate with each other. Therefore, to influence WTO law, an indirect strategic approach is required, which recognises the functional nature of the differentiated systems of the fragmented international legal system.
Book Synopsis Precautionary Rights And Duties of States by : Arie Trouwborst
Download or read book Precautionary Rights And Duties of States written by Arie Trouwborst and published by BRILL. This book was released on 2006 with total page 372 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Emerging Technologies by : Gary E. Marchant
Download or read book Emerging Technologies written by Gary E. Marchant and published by Routledge. This book was released on 2020-07-26 with total page 648 pages. Available in PDF, EPUB and Kindle. Book excerpt: Emerging technologies present a challenging but fascinating set of ethical, legal and regulatory issues. The articles selected for this volume provide a broad overview of the most influential historical and current thinking in this area and show that existing frameworks are often inadequate to address new technologies - such as biotechnology, nanotechnology, synthetic biology and robotics - and innovative new models are needed. This collection brings together invaluable, innovative and often complementary approaches for overcoming the unique challenges of emerging technology ethics and governance.
Book Synopsis The Precautionary Principle in Marine Environmental Law by : Bénédicte Sage-Fuller
Download or read book The Precautionary Principle in Marine Environmental Law written by Bénédicte Sage-Fuller and published by Routledge. This book was released on 2013-07-18 with total page 318 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
