The Precautionary Principle In Marine Environmental Law PDF Download

Are you looking for read ebook online? Search for your book and save it on your Kindle device, PC, phones or tablets. Download The Precautionary Principle In Marine Environmental Law PDF full book. Access full book title The Precautionary Principle In Marine Environmental Law.

The Precautionary Principle in Marine Environmental Law

The Precautionary Principle in Marine Environmental Law
Author: Bénédicte Sage-Fuller
Publisher: Routledge
Total Pages: 297
Release: 2013-07-18
Genre: Law
ISBN: 1135020019

Download The Precautionary Principle in Marine Environmental Law Book in PDF, ePub and Kindle

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.


Interpreting the Precautionary Principle

Interpreting the Precautionary Principle
Author: Timothy O'Riordan
Publisher: Routledge
Total Pages: 316
Release: 2017-02-07
Genre:
ISBN: 9781138166486

Download Interpreting the Precautionary Principle Book in PDF, ePub and Kindle

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.


The Precautionary Principle and International Law:The Challenge of Implementation

The Precautionary Principle and International Law:The Challenge of Implementation
Author: David Freestone
Publisher: Kluwer Law International B.V.
Total Pages: 294
Release: 1996-01-01
Genre: Law
ISBN: 9041101438

Download The Precautionary Principle and International Law:The Challenge of Implementation Book in PDF, ePub and Kindle

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 Precautionary Principle in the Law of the Sea

The Precautionary Principle in the Law of the Sea
Author: Simon Marr
Publisher: BRILL
Total Pages: 267
Release: 2021-10-18
Genre: Law
ISBN: 9004481508

Download The Precautionary Principle in the Law of the Sea Book in PDF, ePub and Kindle

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.


The Precautionary Principle in the Law of the Sea

The Precautionary Principle in the Law of the Sea
Author: Simon Marr
Publisher: Martinus Nijhoff Publishers
Total Pages: 278
Release: 2003
Genre: Law
ISBN: 9789041120151

Download The Precautionary Principle in the Law of the Sea Book in PDF, ePub and Kindle

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.


Precautionary Rights And Duties of States

Precautionary Rights And Duties of States
Author: Arie Trouwborst
Publisher: BRILL
Total Pages: 372
Release: 2006
Genre: Law
ISBN: 9004152121

Download Precautionary Rights And Duties of States Book in PDF, ePub and Kindle

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 Oxford Handbook of International Environmental Law

The Oxford Handbook of International Environmental Law
Author: Lavanya Rajamani
Publisher: Oxford University Press
Total Pages: 1104
Release: 2021-08-06
Genre: Law
ISBN: 0192589032

Download The Oxford Handbook of International Environmental Law Book in PDF, ePub and Kindle

The second edition of this leading reference work provides a comprehensive discussion of the dynamic and important field of international law concerned with environmental protection. It is edited by globally-recognised international environmental law scholars, Professor Lavanya Rajamani and Professor Jacqueline Peel, and features 67 chapters authored by 76 renowned experts in their fields. The Handbook discusses the key principles underpinning international environmental law, its relevant actors and tools, and rules applying in its substantive sub-fields such as climate law, oceans law, wildlife and biodiversity law, and hazardous substances regulation. It also explores the intersection of international environmental law with other areas of international law, such as those concerned with trade, investment, disaster, migration, armed conflict, intellectual property, energy, and human rights. The Handbook sets its discussion of international environmental law in the broader interdisciplinary context of developments in science, ethics, politics and economics, which inform the way in which environmental rules are made, implemented, and enforced. It provides an introduction to the foundations of international environmental law while also engaging with questions at the frontiers of research, teaching, and practice in the field, including the role of Global South perspectives, the contribution made by Earth jurisprudence, and the growing role of a diverse range of actors from indigenous peoples to business and industry. Like the first edition, this second edition of the Handbook is an essential reference text for all engaged with environmental issues at the international level and the applicable governance and regulatory structures.


The Precautionary Principle in Practice

The Precautionary Principle in Practice
Author: Jacqueline Peel
Publisher: Federation Press
Total Pages: 260
Release: 2005
Genre: Law
ISBN: 9781862875197

Download The Precautionary Principle in Practice Book in PDF, ePub and Kindle

The precautionary principle puts forward the 'commonsense' notion that decision-makers should be cautious when assessing potential health or environmental harms in the absence of the full scientific facts. It is now a well-established tenet of environmental law. The debate has turned to its legal implementation, especially its application 'in practice'. The Precautionary Principle in Practice - Environmental decision-making and scientific uncertainty focuses on these issues. It considers how decision-makers can assess threats to health or the environment when the available scientific evidence is sparse and discusses the types of 'uncertainties' that bring the precautionary principle into play.Peel uses detailed case studies which examine the implementation of the precautionary principle in actual decision-making scenarios: fisheries management; risk assessment for genetically modified organisms; and environmental impact assessment for development applications. She demonstrates an approach that takes account of variable uncertainty issues and can be adapted to different circumstances to ensure a comprehensive assessment of the potential threats to health or the environment. Jackie Peel has a background in both science and law. She took a BSC/LLB with 1st class honours at the University of Queensland and holds an LLM from New York University where she studied in 1999-2000 as a Fulbright Scholar. She is now is a Senior Lecturer in the Faculty of Law, University of Melbourne.