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by Arie Trouwborst
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Environmental & Natural Resources Law
  • Author:
    Arie Trouwborst
  • ISBN:
    9041117857
  • ISBN13:
    978-9041117854
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  • Publisher:
    Kluwer Law International; 1 edition (February 27, 2002)
  • Pages:
    395 pages
  • Subcategory:
    Environmental & Natural Resources Law
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Arie Trouwborst (2002) also distinguishes between the precautionary .

Arie Trouwborst (2002) also distinguishes between the precautionary thinking and the traditional model of environmental decision-making . The precautionary principle states that serious environmental threats and health hazards should be anticipated and that they ought to be forestalled before the realisation of damage even if scientific understanding of the risks is inadequate.

10 See International Law and Global Climate Change 23-30 (Robin Churchill & David Freestone ed. 1991) for a discussion of the evolution of the precautionary principle

10 See International Law and Global Climate Change 23-30 (Robin Churchill & David Freestone ed. 1991) for a discussion of the evolution of the precautionary principle. 11 Preceding books on the same topic in the series are Harald Hohmann, Precautionary Legal duties and Principles of Modern International Environmental Law (1994) and The Precautionary Principle and International Law, supra note 8. 12 Also called the principle of prevention.

The international law of the environment, still in the early stages of its development, is highly dynamic and has been evolving more progressively than many other bodies of international law.

Published February 27, 2002 by Kluwer Law International. The international law of the environment, still in the early stages of its development, is highly dynamic and has been evolving more progressively than many other bodies of international law. The Physical Object.

Start by marking Evolution And Status Of The Precautionary Principle In International Law (International Environmental Law And Policy, 62) as Want to Read: Want to Read savin. ant to Read. Read by Arie Trouwborst. 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.

of the short but remarkable history of the principle in international environmental law and policy.

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.

Principles of environmental law. The precautionary principle . The prevention principle. As discussed above, environmental law regularly operates in areas complicated by high levels of scientific uncertainty. In the case of many activities that entail some change to the environment, it is impossible to determine precisely what effects the activity will have on the quality of the environment or on human health. The principle was the foundation of the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal (1989), which sought to minimize the production of hazardous waste and to combat illegal dumping.

Precaution as a legal principle 4. Environmental law and the precautionary principle 5. A case study: Nanotechnologies and the precautionary principle 6. Conclusions SECOND PART: GENERAL ASPECTS OF INTERNATIONAL ENVIRONMENTAL LAW SUMMARY: 1. Introduction: sources of international environmental law 2. Organizations for environmental law protection 3. Main treaties on international environmental law 4. General principles of international environmental law: outlines THIRD PART

In the last decade the precautionary principle has entered into the lexicon of modern environmentalism with .

In the last decade the precautionary principle has entered into the lexicon of modern environmentalism with remarkable speed and stealth  . More recently, it has been adopted as a guiding principle of environmental policy in both the EU and the UK, and it makes an appearance in the 1992 Rio Declaration (a statement of principles and general obligations to guide the international community towards actions that promote more environmentally sustainable forms of development).

Key words: principles of international environmental law, sustainable development, environmental . Sovereignty and exclusive jurisdiction of the state over its territory means that only they can expand policies and rights to natural resources and environment of their land

Key words: principles of international environmental law, sustainable development, environmental protection. Environmental Law is an important tool for monitoring and management of sustainable development. Sovereignty and exclusive jurisdiction of the state over its territory means that only they can expand policies and rights to natural resources and environment of their land. Scope of sovereignty over natural resources is consists of

Principles of international environmental law are ‘reflected in treaties, binding . Van Dyke, The Evolution and International Acceptance of the Precautionary Principle, p. 359. Online.

Principles of international environmental law are ‘reflected in treaties, binding acts of international organizations, state practice, and soft law commitment. hey are potentially applicable to all members of the international community’. In the international context the precautionary principle compels a state to act in the face of scientific uncertainty to take measures to protect the natural environment.

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. Relevant international judicial decisions and the opinions of scholars are treated as well. Two extensive annexes are added, reproducing provisions of international legal instruments that make reference to the principle. This manuscript was awarded the Francois 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. It is some tribute to the work of Arie Trouwborst that we are able to cite these statistics with such confidence, but his work goes much beyond this. It is a most careful analysis of these sources, which adds qualitatively to our understanding of the way in which this modest principle of German law has evolved into one of the most significant premises of modern international environmental law. In our series mission statement we recognize the importance of the precautionary principle as one of the basic principles of international environmental law. It is a pleasure to be able to bring to a wider public some of the best of modern thinking on this principle.' (from the Preface by the Series Editors)