The precautionary principle and international law : the challenge of implementation
著者
書誌事項
The precautionary principle and international law : the challenge of implementation
（International environmental law and policy series, v. 31）
Kluwer Law International, c1996
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注記
Papers presented at the meetings facilitated by the Sanders Institute at the Faculty of Law of the Erasmus University Rotterdam and the Law School of the University of Hull
Includes bibliographical references and index
内容説明・目次
内容説明
The precautionary concept has become intrinsic to international environmental policy, especially with the adoption, in 1992, of 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, lack of full scientific certainty shall not be used as a reason for postponing cost-effective measures to prevent environmental degradation." The challenge facing the international community is how to attain truly precautionary environmental policies. This challenge is one of changing perceptions as much as of changing institutions or technical mechanisms. It is a challenge to our way of viewing the world as much as to our views of the role of science, or the burden of proof. It also raises a question as to the role of legal and other regulatory instruments in implementing the precautionary principle. This question, however, lends itself to a multifaceted and multidisciplinary approach.
After an introduction to the origins and development of the precautionary principle, 12 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 introduced: glocalization. The book concludes with a synthesis of the opportunities for, and constraints on, the implementation of the precautionary principle, as identified by the various authors.
目次
- 1. Origins and development of the precautionary principle
- D. Freestone, E. Hey. Part I: The legal challenges of the precautionary principle. 2. The rights and interests of future generations and the precautionary principle
- A. Kiss. 3. The status of the precautionary principle in international law
- J. Cameron, J. Abouchar. 4. State responsibility and the precautionary principle
- C. Tinker. 5. "What you risk reveals what you value", and other dilemmas encountered in the legal assaults on risks
- A. Nollkaemper. Part II: The wider context of implementing the precautionary principle. 6. The relationship between policy, science, technology, economics and law in the implementation of the precautionary principle
- K. von Moltke. 7. Scientific methods and the precautionary principle
- L.D. Mee. 8. Integrating precautionary scientific methods into decision-making
- J.S. Gray. 9. The economics of taking care: an evaluation of the precautionary principle
- D. Fleming. Part III: Some legal and institutional aspects of implementing the precautionary principle. 10. The precautionary approach in international human rights law: how it can benefit the environment
- M.T. Kamminga. 11. EC Environmental policy - a pre-cautionary tale? L. Hancher. 13. Glocalization: the precautionary principle and public participation, with special reference to the UN framework convention on climate change
- J. Gupta. Conclusions. 14. Implementing the precautionary principle: Challenges and opportunities
- D. Freestone, E. Hey.
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