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The Precautionary Principle In The Law Of The Sea
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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 Martinus Nijhoff Publishers. This book was released on 2003 with total page 278 pages. Available in PDF, EPUB and Kindle. Book excerpt: This text explores the state of affairs in 2003 regarding the implementation of the principle in the law of the sea in different areas: like, pollution of the marine environment, conservation and management of living marine resources and transboundary transports of radioactive and hazardous wastes.
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 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 297 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.
Book Synopsis International Courts and Environmental Protection by : Tim Stephens
Download or read book International Courts and Environmental Protection written by Tim Stephens and published by Cambridge University Press. This book was released on 2009-02-12 with total page 459 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comprehensive examination of international environmental litigation which addresses the major environmental challenges of the twenty-first century.
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 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 Handbook of Safety Principles by : Niklas Möller
Download or read book Handbook of Safety Principles written by Niklas Möller and published by John Wiley & Sons. This book was released on 2018-02-21 with total page 836 pages. Available in PDF, EPUB and Kindle. Book excerpt: Presents recent breakthroughs in the theory, methods, and applications of safety and risk analysis for safety engineers, risk analysts, and policy makers Safety principles are paramount to addressing structured handling of safety concerns in all technological systems. This handbook captures and discusses the multitude of safety principles in a practical and applicable manner. It is organized by five overarching categories of safety principles: Safety Reserves; Information and Control; Demonstrability; Optimization; and Organizational Principles and Practices. With a focus on the structured treatment of a large number of safety principles relevant to all related fields, each chapter defines the principle in question and discusses its application as well as how it relates to other principles and terms. This treatment includes the history, the underlying theory, and the limitations and criticism of the principle. Several chapters also problematize and critically discuss the very concept of a safety principle. The book treats issues such as: What are safety principles and what roles do they have? What kinds of safety principles are there? When, if ever, should rules and principles be disobeyed? How do safety principles relate to the law; what is the status of principles in different domains? The book also features: • Insights from leading international experts on safety and reliability • Real-world applications and case studies including systems usability, verification and validation, human reliability, and safety barriers • Different taxonomies for how safety principles are categorized • Breakthroughs in safety and risk science that can significantly change, improve, and inform important practical decisions • A structured treatment of safety principles relevant to numerous disciplines and application areas in industry and other sectors of society • Comprehensive and practical coverage of the multitude of safety principles including maintenance optimization, substitution, safety automation, risk communication, precautionary approaches, non-quantitative safety analysis, safety culture, and many others The Handbook of Safety Principles is an ideal reference and resource for professionals engaged in risk and safety analysis and research. This book is also appropriate as a graduate and PhD-level textbook for courses in risk and safety analysis, reliability, safety engineering, and risk management offered within mathematics, operations research, and engineering departments. NIKLAS MÖLLER, PhD, is Associate Professor at the Royal Institute of Technology in Sweden. The author of approximately 20 international journal articles, Dr. Möller's research interests include the philosophy of risk, metaethics, philosophy of science, and epistemology. SVEN OVE HANSSON, PhD, is Professor of Philosophy at the Royal Institute of Technology. He has authored over 300 articles in international journals and is a member of the Royal Swedish Academy of Engineering Sciences. Dr. Hansson is also a Topical Editor for the Wiley Encyclopedia of Operations Research and Management Science. JAN-ERIK HOLMBERG, PhD, is Senior Consultant at Risk Pilot AB and Adjunct Professor of Probabilistic Riskand Safety Analysis at the Royal Institute of Technology. Dr. Holmberg received his PhD in Applied Mathematics from Helsinki University of Technology in 1997. CARL ROLLENHAGEN, PhD, is Adjunct Professor of Risk and Safety at the Royal Institute of Technology. Dr. Rollenhagen has performed extensive research in the field of human factors and MTO (Man, Technology, and Organization) with a specific emphasis on safety culture and climate, event investigation methods, and organizational safety assessment.
Book Synopsis Interpreting the Precautionary Principle by : Timothy O'Riordan
Download or read book Interpreting the Precautionary Principle written by Timothy O'Riordan and published by Routledge. This book was released on 2013-07-04 with total page 316 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Implementing the Precautionary Principle by : Nicolas de Sadeleer
Download or read book Implementing the Precautionary Principle written by Nicolas de Sadeleer and published by Earthscan. This book was released on 2007 with total page 433 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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
Book Synopsis Saving the Oceans Through Law by : James Harrison
Download or read book Saving the Oceans Through Law written by James Harrison and published by Oxford University Press. This book was released on 2017 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: The protection of the marine environment is an important challenge for the international community. Harrison critically assesses the role of international law, highlighting key developments in treaties and legal rules, but also pointing to the need for greater coordination and stronger enforcement mechanisms
Book Synopsis General Principles and the Coherence of International Law by : Mads Andenas
Download or read book General Principles and the Coherence of International Law written by Mads Andenas and published by BRILL. This book was released on 2019-05-20 with total page 474 pages. Available in PDF, EPUB and Kindle. Book excerpt: General Principles and the Coherence of International Law offers a comprehensive analysis of general principles of law, assessing their role in guaranteeing the coherence of the international legal system.
Book Synopsis Principles of International Environmental Law by : Philippe Sands
Download or read book Principles of International Environmental Law written by Philippe Sands and published by Cambridge University Press. This book was released on 2003-10-09 with total page 1252 pages. Available in PDF, EPUB and Kindle. Book excerpt: This second edition of Philippe Sand's leading textbook on international environmental law provides a clear and authoritative introduction to the subject, revised to December 2002. It considers relevant new topics, including the Kyoto Protocol, genetically modified organisms, oil pollution, chemicals etc. and will remain the most comprehensive account of the principles and rules relating to environmental protection and the conservation of natural resources. In addition to the key material from the 1992 Rio Declaration and subsequent developments, Sands also covers topics including the legal and institutional framework, the field's historic development and standards for general application. This will continue to be an invaluable resource for both students and practitioners alike.
Book Synopsis Science and the Precautionary Principle in International Courts and Tribunals by : Caroline E. Foster
Download or read book Science and the Precautionary Principle in International Courts and Tribunals written by Caroline E. Foster and published by Cambridge University Press. This book was released on 2011-03-24 with total page 401 pages. Available in PDF, EPUB and Kindle. Book excerpt: By canvassing a range of international scientific disputes, including the EC-Biotech and EC-Hormones disputes in the WTO, the case concerning Pulp Mills and the Gabcíkovo–Nagymaros case in the International Court of Justice, and the Mox Plant and Land Reclamation cases dealt with under the United Nations Convention on the Law of the Sea, Caroline Foster examines how the precautionary principle can be accommodated within the rules about proof and evidence and advises on the boundary emerging between the roles of experts and tribunals. A new form of reassessment proceedings for use in exceptional cases is proposed. Breaking new ground, this book seeks to advance international adjudicatory practice by contextualising developments in the taking of expert evidence and analysing the justification of and potential techniques for a precautionary reversal of the burden of proof, as well as methods for dealing with important scientific discoveries subsequent to judgements and awards.
Book Synopsis The Prevention Principle in International Environmental Law by : Leslie-Anne Duvic-Paoli
Download or read book The Prevention Principle in International Environmental Law written by Leslie-Anne Duvic-Paoli and published by . This book was released on 2018-05-31 with total page 429 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book provides a systematic and comprehensive study of the prevention principle in international environmental law.
Book Synopsis Biodiversity and the Precautionary Principle by : Rosie Cooney
Download or read book Biodiversity and the Precautionary Principle written by Rosie Cooney and published by Routledge. This book was released on 2012-05-16 with total page 338 pages. Available in PDF, EPUB and Kindle. Book excerpt: Great uncertainty typically surrounds decisions and management actions in the conservation of biodiversity and natural resource management, and yet there are risks of serious and irreversible harm for both biodiversity and the humans that rely on it. The precautionary principle arguably underlies all international conservation efforts and promotes acting to avoid serious or irreversible environmental harm, despite lack of scientific certainty as to the likelihood, magnitude or cause of harm. This book is the first to examine the application of the precautionary principle to biodiversity conservation and natural resource management, incorporating perspectives from scientists, economists, lawyers and practitioners from both developing and developed countries. It analyses the application and impacts of the principle in many areas including forestry, invasive alien species, wildlife trade, protected areas and fisheries, in a range of national and international contexts. Particular attention is drawn to issues of equity, livelihoods, science and politics, and the book provides guidelines for applying the precautionary principle to biodiversity conservation and natural resource management.
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.'
