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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

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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.


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

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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 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

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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.


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

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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.


International Courts and Environmental Protection

International Courts and Environmental Protection
Author: Tim Stephens
Publisher: Cambridge University Press
Total Pages: 459
Release: 2009-02-12
Genre: Law
ISBN: 0521881226

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A comprehensive examination of international environmental litigation which addresses the major environmental challenges of the twenty-first century.


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

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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.


Evolution and Status of the Precautionary Principle in International Law

Evolution and Status of the Precautionary Principle in International Law
Author: Arie Trouwborst
Publisher: Springer
Total Pages: 400
Release: 2002-02-27
Genre: Law
ISBN:

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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)


Science and the Precautionary Principle in International Courts and Tribunals

Science and the Precautionary Principle in International Courts and Tribunals
Author: Caroline E. Foster
Publisher: Cambridge University Press
Total Pages: 401
Release: 2011-03-24
Genre: Law
ISBN: 1139500163

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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.


Principles of International Environmental Law

Principles of International Environmental Law
Author: Philippe Sands
Publisher: Cambridge University Press
Total Pages: 1252
Release: 2003-10-09
Genre: Law
ISBN: 9780521521062

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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.


Interpreting the Precautionary Principle

Interpreting the Precautionary Principle
Author: Timothy O'Riordan
Publisher: Routledge
Total Pages: 233
Release: 2013-07-04
Genre: Business & Economics
ISBN: 1134165854

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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.