Precautionary rights and duties of states
Author(s)
Bibliographic Information
Precautionary rights and duties of states
(Nova et vetera iuris gentium, ser. A . Modern international law ; no. 25)
M. Nijhoff, c2006
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Note
Includes bibliographical references (p. 301-322) and indexes
Description and Table of Contents
Description
This work makes clear what it means that the precautionary principle represents customary international law. Through the analysis of state practice regarding this principle of international environmental law, it answers crucial questions concerning the conditions triggering a right or duty to take precautionary action; the nature and content of such action; the issue areas to which the principle applies; the allocation of the burden of proof; and the role of socio-economic factors. Ultimately, it details what it takes to act in conformity with the precautionary principle under general international law.
Table of Contents
Part One Introduction, 1. The Oracle of Delphi and the Precautionary Principle, Part Two Definition, 2. Apollo's Tripod: Defining Rights and Duties under the Precautionary Principle, 3. First Leg of the Tripod: Threat of Environmental Harm, 4. Second Leg of the Tripod: Uncertainty, 5. Third Leg of the Tripod: Action, 6. Assembling the Tripod: Synthesis, Part Three Implementation, 7. Precautionary Measures, 8. The Precautionary Principle and the Burden of Proof, 9. The Precautionary Principle and Socio-Economic Interests, Part Four Conclusions, 10. The Pythia Replaced: Conclusions, Table of Instruments, Legally Binding International Instruments, Non-Legally Binding International Instruments, European Union Instruments, Table of Cases, International Court of Justice, International Tribunal for the Law of the Sea, WTO Dispute Settlement, Arbitration, European Union Court of Justice, National Cases, Country Index, Keyword Index.
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