The precautionary principle in environmental law. Neither arbitrary nor capricious if interpreted with equilibrium

The precautionary principle in environmental law. Neither arbitrary nor capricious if interpreted with equilibrium PDF Author: Luciano Butti
Publisher: Giuffrè Editore
ISBN: 8814134049
Category : Law
Languages : en
Pages : 168

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Book Description

The precautionary principle in environmental law. Neither arbitrary nor capricious if interpreted with equilibrium

The precautionary principle in environmental law. Neither arbitrary nor capricious if interpreted with equilibrium PDF Author: Luciano Butti
Publisher: Giuffrè Editore
ISBN: 8814134049
Category : Law
Languages : en
Pages : 168

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Book Description


The Precautionary Principle in Marine Environmental Law

The Precautionary Principle in Marine Environmental Law PDF Author: Bénédicte Sage-Fuller
Publisher: Routledge
ISBN: 1135020027
Category : Law
Languages : en
Pages : 318

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Book Description
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 State Practice of India and the Development of International Law

The State Practice of India and the Development of International Law PDF Author: Bimal N. Patel
Publisher: Martinus Nijhoff Publishers
ISBN: 9004321330
Category : Law
Languages : en
Pages : 582

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Book Description
The State Practice of India and the Development of International Law by Bimal N. Patel provides a critical analysis of India’s state practice and development of international law. Providing insight into the historical evolution of Indian state practice from pre-1945 period through the 21st century, the work meticulously and systematically examines the interpretation and execution of international law by national legislative executive and judicial organs individually as well as collectively. The author demonstrates India’s ambitions as a rising global power and emerging role in shaping international affairs, and convincingly argues how India will continue to resist and prevent consolidation of Euro-American centric influence of international law in areas of her political, economic and culture influence.

International Law and Freshwater

International Law and Freshwater PDF Author: Laurence Boisson de Chazournes
Publisher: Edward Elgar Publishing
ISBN: 1781005095
Category : Nature
Languages : en
Pages : 489

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Book Description
ÔFreshwater is an essential resource. This book offers a comprehensive international look at diverse issues arising from water use for human consumption, agriculture, energy, industry, waste disposal and ecosystem conservation. The contributions, written primarily but not exclusively by legal experts, are highly informed and insightful. In addition to more traditional topics, they address the WTO and natural resources, EthiopiaÕs large-scale commercial farms, and aquifer management in the Geneva region and Latin America. An important read for scholars, policy-makers, and concerned citizens.Õ à Edith Brown Weiss, Georgetown University, US ÔThis excellent book covers the important legal and political perspectives on the worldÕs freshwater resources. The chapters, written by distinguished experts from academia and practice, systematically address issues of economics, environment, sovereignty over resources, energy, conflict resolution, and in addition offer some in depth case studies. A wonderful book and compulsory reading for who needs to have the full picture of the complex international dynamics of freshwater in our time.Õ à Catherine Bršlmann, University of Amsterdam, The Netherlands ÔThis volume provides a masterful investigation of the multiple points of interaction between freshwater and international law, and compelling and insightful analyses of such interactions bearing out and substantiating the thrust of the volume à mapping out the Òmultiple challengesÓ facing international law in its water governance role at different, relevant scales à global, regional and sub-regional. The volumeÕs focus on these Òmultiple challengesÓ is particularly welcome at a time when the planetÕs freshwater endowment is coming under increasing pressure from a multiplicity of factors, forcing policymakers, lawmakers, government negotiators and private-sector players on the water scene to challenge well-established behavioural and regulatory patterns, domestically and in relation to transboundary inter-State relations. In its stimulating multifarious approach, the volume offers fresh and insightful perspectives of some tested facets of the water governance role of international law, dealing with rivers, lakes and groundwater aquifers shared by a multiplicity of States. Some novel facets like, notably, the human right to water, trans-national trade in land and water resources, the rights of local communities, and State succession to water treaties, are also canvassed masterfully, adding to the value of the volume not only to international water law specialists, but also to the vast and growing population of water professionals in general. In sum, the volume is a must for all those who know and practise international and domestic water law, who influence the international water governance debate at the global, regional, and sub-regional scales, and who, in general, interact with water resources in the transboundary but also in the domestic setting of their respective countries.Õ à Stefano Burchi, Chairman of the International Association for Water Law à AIDA ÔEssential as it is to human life, over one billion people currently lack access to safe drinking water and by 2025 this group could grow to three billion. Nowhere is this situation more critical than in the over 260 international drainage basins shared by two or more states where more than half of the worldÕs population will reside by the year 2050. International Law and Freshwater is an outstanding piece of legal and policy scholarship that poignantly, thoughtfully and effectively addresses the who, what, where, when and how of international waters governance and international law.Õ à Richard Kyle Paisley, University of British Columbia, Canada The issues surrounding water embody some of the greatest challenges of the 21st century. The editors of this timely book have brought together the leading authors in the field to explore the key questions involving international law and water governance. International Law and Freshwater connects recent legal developments through the breadth and synergies of a multidisciplinary analysis. It addresses such critical issues as water security, the right to water, international cooperation and dispute resolution, State succession to transboundary watercourse treaties, and facets of international economic law, including trade in Ôvirtual waterÕ and the impacts of Ôland grabsÕ. Containing detailed analysis and thought-provoking solutions, this book will appeal to researchers and academics working in the legal field, as well as international relations and natural sciences. Water practitioners, public officials, diplomats and students will also find much to interest them in this insightful study.

The Reality of Precaution

The Reality of Precaution PDF Author: James Hammit
Publisher: Routledge
ISBN: 1136522557
Category : Law
Languages : en
Pages : 602

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Book Description
The 'Precautionary Principle' has sparked the central controversy over European and U.S. risk regulation. The Reality of Precaution is the most comprehensive study to go beyond precaution as an abstract principle and test its reality in practice. This groundbreaking resource combines detailed case studies of a wide array of risks to health, safety, environment and security; a broad quantitative analysis; and cross-cutting chapters on politics, law, and perceptions. The authors rebut the rhetoric of conflicting European and American approaches to risk, and show that the reality has been the selective application of precaution to particular risks on both sides of the Atlantic, as well as a constructive exchange of policy ideas toward 'better regulation.' The book offers a new view of precaution, regulatory reform, comparative analysis, and transatlantic relations.

The Precautionary Principle in Environmental Law

The Precautionary Principle in Environmental Law PDF Author: Luciano Butti
Publisher: Giuffre
ISBN: 9781814134044
Category : Environmental law
Languages : en
Pages : 153

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Book Description


Arbitrary and Capricious

Arbitrary and Capricious PDF Author: Gary Elvin Marchant
Publisher: American Enterprise Institute
ISBN: 9780844741895
Category : Business & Economics
Languages : en
Pages : 112

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

Implementing the Precautionary Principle

Implementing the Precautionary Principle PDF Author: Elizabeth Charlotte Fisher
Publisher: Edward Elgar Publishing
ISBN: 1847201679
Category : Political Science
Languages : en
Pages : 353

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Book Description
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.

Philosophy and the Precautionary Principle

Philosophy and the Precautionary Principle PDF Author: Daniel Steel
Publisher: Cambridge University Press
ISBN: 1107078164
Category : Business & Economics
Languages : en
Pages : 273

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Book Description
This book presents and defends an interpretation of the precautionary principle from the perspective of philosophy of science.

Models in Environmental Regulatory Decision Making

Models in Environmental Regulatory Decision Making PDF Author: National Research Council
Publisher: National Academies Press
ISBN: 0309110009
Category : Political Science
Languages : en
Pages : 286

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Book Description
Many regulations issued by the U.S. Environmental Protection Agency (EPA) are based on the results of computer models. Models help EPA explain environmental phenomena in settings where direct observations are limited or unavailable, and anticipate the effects of agency policies on the environment, human health and the economy. Given the critical role played by models, the EPA asked the National Research Council to assess scientific issues related to the agency's selection and use of models in its decisions. The book recommends a series of guidelines and principles for improving agency models and decision-making processes. The centerpiece of the book's recommended vision is a life-cycle approach to model evaluation which includes peer review, corroboration of results, and other activities. This will enhance the agency's ability to respond to requirements from a 2001 law on information quality and improve policy development and implementation.