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

Published: 2002-02-27

Total Pages: 400

ISBN-13:

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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)

The Evolution of Sustainable Development in International Law: Inception, Meaning and Status
The Evolution of Sustainable Development in International Law: Inception, Meaning and Status

Author: Nico J. Schrijver

Publisher: BRILL

Published: 2008-12-15

Total Pages: 276

ISBN-13: 9047444469

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Also available as an e-book In a relatively short time the concept of “sustainable development” has become firmly established in the field of international law. The World Commission on Environment and Development concisely defined sustainable development as follows: “development that meets the needs of the present generation without compromising the ability of future generations to meet their own needs”. This definition takes into account the needs of both the present and future generations as well as the capacity of the earth and its natural resources which by clear implication should not be depleted by a small group of people (in industrialized countries). The aim of this book is threefold : to review the genesis and to clarify the meaning of the concept of sustainable development, as well as to assess its status within public international law. Furthermore, it examines the legal principles that have emerged in the pursuit of sustainable development. Lastly, it assesses to what extent the actual evolution of law demonstrates the balance and integration with all pertinent fields of international law as urged by the Rio, Johannesburg, and World Summit documents. This is the second volume in the Hague Academy of International Law Pocket Book series; it contains the text of the course given at the Hague Academy by Professor Schrijver.

The Precautionary Principle
The Precautionary Principle

Author: Sonia E. Rolland

Publisher:

Published: 2012

Total Pages: 0

ISBN-13:

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This Note characterizes and evaluates the current status of the precautionary principle in international law and suggests how it could be more effectively incorporated into bodies of law such as trade law. Much of the literature focuses on whether the principle is a legal rule. This Note shows that precaution need not necessarily fit into the traditional categories of international legal sources but may derive its legal force from being interpreted as a standard. The Note argues that the legal status of the principle has evolved from a policy discourse to a binding form. However, the status of the principle as a standard is not necessarily a step on the way to the creation of a rule. The fact that a treaty makes it a rule to use precaution does not alter the nature of precaution as a standard. The precautionary principle will therefore gain its legal value from being refined by negotiators and interpreted by adjudicators rather than being turned into a traditional rule.

The Oxford Handbook of International Environmental Law
The Oxford Handbook of International Environmental Law

Author: Lavanya Rajamani

Publisher: Oxford University Press

Published: 2021-08-06

Total Pages: 1104

ISBN-13: 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.

Implementing the Precautionary Principle
Implementing the Precautionary Principle

Author: Nicolas de Sadeleer

Publisher: Earthscan

Published: 2007

Total Pages: 433

ISBN-13: 1849771693

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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

Precautionary Rights And Duties of States
Precautionary Rights And Duties of States

Author: Arie Trouwborst

Publisher: BRILL

Published: 2006

Total Pages: 372

ISBN-13: 9004152121

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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.

Arbitrary and Capricious
Arbitrary and Capricious

Author: Gary Elvin Marchant

Publisher: American Enterprise Institute

Published: 2004

Total Pages: 112

ISBN-13: 9780844741895

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This study examines how the European Union has used the precautionary principle in legal decisions.

Environmental Principles and Policies
Environmental Principles and Policies

Author: Sharon Beder

Publisher: Routledge

Published: 2013-11-05

Total Pages: 313

ISBN-13: 1134037260

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Environmental Principles and Policies uses environmental and social principles to analyse the latest wave of economic-based and market-orientated environmental policies currently being adopted around the world. This book provides an in-depth examination of six key principles that have been incorporated into international treaties and the national laws of many countries: * ecological sustainability * the polluter pays principle * the precautionary principle * equity * human rights * public participation These principles are then used to evaluate a range of policies including pollution charges, emissions, trading, water markets, biodiversity banks and tradable fishing rights. Environmental Principles and Policies is easily accessible, using non-technical language throughout, and - in what sets it apart from other books on environmental policy-making - it takes a critical and interdisciplinary approach. It does not set out policies in a descriptive or prescriptive way, but analyses and evaluates policy options from a variety of perspectives. This enables readers to gain a thorough grasp of important principles and current policies, as well as demonstrating how principles can be used to critically assess environmental policies.