1.

Record Nr.

UNINA9910813297703321

Autore

Trouwborst Arie

Titolo

Precautionary rights and duties of states [[electronic resource] /] / by Arie Trouwborst

Pubbl/distr/stampa

Leiden ; ; Boston, : Martinus Nijhoff Publishers, c2006

ISBN

1-283-06032-9

9786613060327

90-474-1827-1

Descrizione fisica

1 online resource (372 p.)

Collana

Nova et vetera iuris gentium. Series A, Modern international law, , 1871-6725 ; ; no. 25

Disciplina

344.046 22

Soggetti

Environmental law, International

Environmental risk assessment - Law and legislation

Precautionary principle

Environmental protection

Lingua di pubblicazione

Inglese

Formato

Materiale a stampa

Livello bibliografico

Monografia

Note generali

Description based upon print version of record.

Nota di bibliografia

Includes bibliographical references and indexes.

Nota di contenuto

pt. 1. Introduction -- pt. 2. Definition -- pt. 3. Implementation -- pt. 4. Conclusions.

Sommario/riassunto

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.