Precautionary Rights And Duties of States
Concluding that the precautionary principle embodies customary international law is one thing. Determining what this means is quite another. That challenge is met by this work, which resolves a number of crucial questions concerning the scope of this principle of international environmental law; the conditions triggering a right or duty to take precautionary action; the measures to be taken; the allocation of the burden of proof; and the role of socio-economic factors. These questions are dealt with one at a time through the charting and analysis of patterns and common denominators in the extensive (inter)national practice of states regarding the precautionary principle. The hard legal core of the principle is thus gradually exposed. In the process, a realistic and accessible account is given of how and to what extent this general principle can and does direct the actions of states in concrete instances. Ultimately, this work sets out what it takes to act in conformity with the precautionary principle under general international law, and will be of interest to anyone involved with international law and environmental protection.
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adverse Agreement anticipated harm application assessment Baltic Sea Biodiversity biological Birnie & Boyle Bodansky burden of proof cause chapter Climate Change Commission Communication COM(2000)1 context cost-benefit analysis cost-effectiveness costs customary international law definition ecological economic ecosystems effective and proportional emphasis added environmental harm environmental impact environmental protection environmental risk European Environment Agency Fisheries fishing forest Freestone Gleick global gravity grounds for concern hazards human health ibid instance instruments International Law Commission irreversible harm Land Reclamation marine environment Marr nature North Sea Declaration paragraph 4.1 passim Persistent Organic Pollutants Pieterman & Hanekamp Pollution potentially harmful practice preambular paragraph precaution precautionary approach precautionary measures precautionary principle prevent Principle 15 principle's Protocol question reasonable grounds requires Rio Declaration Sadeleer scientific uncertainty serious and/or irreversible serious or irreversible socio-economic Southern Bluefin Tuna species supra paragraph Sustainable Development take precautionary action Tennekes threat threshold Tickner transboundary Treaty Trouwborst Wadden Sea