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Monday, May 18, 2020 | History

3 edition of Evolution and Status of the Precautionary Principle in International Law (International Environmental Law and Policy, 62) found in the catalog.

Evolution and Status of the Precautionary Principle in International Law (International Environmental Law and Policy, 62)

by Arie Trouwborst

  • 287 Want to read
  • 29 Currently reading

Published by Kluwer Law International .
Written in English

    Subjects:
  • Environment law,
  • International environmental law,
  • Methodology,
  • Environmental Law,
  • Law,
  • Legal Reference / Law Profession,
  • International,
  • Science / Environmental Science,
  • Environmental,
  • International Law

  • The Physical Object
    FormatHardcover
    Number of Pages395
    ID Numbers
    Open LibraryOL9801423M
    ISBN 109041117857
    ISBN 109789041117854

    To that end, the chapter also explores the interplay between the ecosystem approach and the precautionary principle, and the role of the former in ensuring mutual supportiveness among biodiversity-related conventions, as well as with international human rights law. See also Trouwbust, Evolution and Status of the Precautionary Principle in International Law, Kluwer Law International, at pp Among countries, while the EU believes that it is not only a principle of International Environmental Law but a customary rule of International Law, the US believes that it is not aCited by: 1.

    The “polluter pays” principle. Since the early s the “polluter pays” principle has been a dominant concept in environmental law. Many economists claim that much environmental harm is caused by producers who “externalize” the costs of their activities.   Union of India, AIR SC case, the Supreme Court accepted that the Precautionary Principle is part of the environmental law of the country and shifted the burden of proof onto the developer or industrialist who is proposing to alter the status. They found it “necessary to explain the meaning of the principles in more detail so that.

      Finally, Evolution and Status of the Precautionary Principle in International Law by Arie Trouwborst [hereinafter Evolution and Status] seeks to demonstrate that the precautionary principle has attained the status of customary international law. In the course of making this argument, the author delves into a wide range of material on the Cited by:   Emerging Principles of International Environmental Law is ideally suited for any law or environmental studies student, practitioner or law academic who is interested in the legal status of emerging principles in the field of international environmental law. Among its highlights, the text examines the interaction of principles/concepts such as sustainable development, the precautionary Cited by:


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Evolution and Status of the Precautionary Principle in International Law (International Environmental Law and Policy, 62) by Arie Trouwborst Download PDF EPUB FB2

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 by: The origin of the precautionary principle is traced back to three sources: (1) the general idea of precaution, (2) specific nonjudicial codes of conduct and arguments from precaution, and (3) law.

Evolution of the Precautionary Principle Legal Status of the Precautionary Principle Conclusions --A. References Concerning the Precautionary Principle in or under Legally Binding International Instruments --B. References Concerning the Precautionary Principle in Non-Legally Binding International Instruments and Decisions --I.

Index of International Instruments and. Get this from a library. Evolution and status of the precautionary principle in international law. [Arie Trouwborst]. The Evolution and International Acceptance of the Precautionary Principle this principle has gained content and dimension.

It mandates that studies precede action, and that interdisciplinary environmental impact assessments be written and distributed with public input It shifts the burden to those who would un. 1 The precautionary principle is part of a system of rules designed to guide the decision-making of States towards the goal of an environmentally sustainable development.

It has become a guiding principle of modern international law and, increasingly, of national instruments and jurisprudence relating to protection of the environment and conservation of natural resources.2 Basically, the precautionary principle. Abstract.

The purpose of this article is to contribute to the clarification of the legal scope of the precautionary principle. The primary focus is on general international law, so as to determine as accurately as possible what it is that ‘the’ precautionary principle entails.

The legal development, status and implications of the principle pass in by: After an introduction to the origins and development of the precautionary principle, twelve chapters explore a selection of themes relevant to the implementation of the principle.

Where the relationship between international, national and local policies is concerned, a new concept is. This chapter explains that precaution is the end point of a range of public measures intended to counter ecological damage.

It reviews the definitions given to the principle in various legal systems, as well as representative court decisions, in order to set out the problematic elements inherent in this norm. It considers the various thresholds for application of the precautionary principle.

This discussion, in turn, is put in perspective by an account of the 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.

The book then applies the generally accepted principles governing the formation of customary international law to this body of state Author: Arie Trouwborst. Rajamani explores the conceptual underpinnings of the precautionary principle, tracing its definition, interpretation and legal status in international law, before turning to Indian law.

She argues that the application of the principle in the Vellore judgement is at odds with the Supreme Court’s own definition of the principle. The precautionary concept has become intrinsic to international environmental policy, especially with the adoption, inof the Rio Declaration at UNCED.

Principle 15 of that Declaration provides that: `In order to protect the environment, the precautionary approach shall be widely applied by States according to their capabilities.

Where there are threats of serious or irreversible damage 5/5(1). attained this status."). See generally ARIE TROUWBORST, EVOLUTION AND STATUS OF THE PRECAUTIONARY PRINCIPLE IN INTERNATIONAL LAW (Int'l Envtl. Law & Policy Series No. 62, ) (representing the precautionary principle as part of the basic founda.

INTRODUCTION The precautionary principle is one of the founding principles of international environmental law.

It is an undisputed and widely-known phenomenon the legal content and status of which, however, as is the case with many other principles of international environmental law, are very : Malgosia Fitzmaurice.

THE AMERICANJOURNAL OF INTERNATIONAL LAW Evolution and Status of the Precautionary Principle in International Law. By Arie Trouwborst.

The Hague, London, Boston: Kluwer Law Interna-tional, Pp. xiv, Indexes. $,?1 There is no doubt that the precautionary prin-ciple, or the "precautionary approach" as it is some. Book Review: Evolution and Status of the Precautionary Principle in International Law. Show details.

Articles Citing this One: 0. Also from SAGE Publishing. CQ Library American political resources opens in new tab; Data Planet A universe of data opens in new tab; Lean Library. The precautionary principle has since the mids been included in numerous international agreements regulating various environmental media.

In addition to various hard and soft law instruments, there is widespread support for the precautionary principle in Cited by: 2. Principle 2. See A Trouwborst, Evolution and Status of the Precautionary Principle in International Law (Kluwer Law, The Hague ), –20; O McIntyre and T Mosedale, ‘The Precautionary Principle as a Norm of Customary International Law’ () 9 Journal of EnvironmentalCited by: 3.

Evolution and Status of the Precautionary Principle in International Law. Kluwer Law International, Cambridge, MA. Starting with a history of the precautionary principle, this book then addresses international applications of the precautionary principle from a legal perspective.

Whiteside KH (). In the Vellore case, it was held that both precautionary and polluter pays principle were domestic law as well as customary international law. Artic 47, 48A and 51A(g) of the Indian Constitution along with statutory environmental laws are sufficient to prove it domestic law.

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.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 Cited by: Trouwborst, A., Evolution and Status of the Precautionary Principle in International Law (Kluwer, ) Cooney, R. and Dickson, B. (eds.), Biodiversity and the Precautionary Principle .