International Law and Chemical, Biological, Radio-Nuclear (CBRN) Events: Towards an All-Hazards Approach

International Law

International Law and Chemical, Biological, Radio-Nuclear (CBRN) Events: Towards an All-Hazards Approach

Edited by Andreas De Guttry · Micaela Frulli · Federico Casolari · Ludovica Poli
Brill Nijhoff March 2022

Specifications

ISBN-13
9789004507982
Publisher
Brill Nijhoff
Publication
March 2022
Format
Hardback
Jurisdiction
Netherlands ? Countri(es) for reference only

Details

The volume investigates to what extent the international and European Union legal frameworks applicable to Chemical, Biological and Radio-Nuclear (CBRN) events are adequate to face current challenges. It is innovative in many aspects: it adopts an all-hazard approach to CBRN risks, focusing on events of intentional, accidental and natural origin; it explores international obligations according to the four phases of the emergency cycle, including prevention, preparedness, response and recovery; and it covers horizontal issues such as protection of human rights, international environmental law, new technologies, the role of private actors, as well as enforcement mechanisms and remedies available to victims. The book thus offers a new way of looking at the applicable rules of international law in this field.

Table of Contents

Preliminary Material
Preface
Andrea de Guttry, Federico Casolari, Micaela Frulli, and Ludovica Poli
Acknowledgments
Notes on Contributors
Part 1: Setting the Scene: Defining CBRN Events, Actors and General Obligations in the Different Phases
Chapter 1. The Challenge of Outlining the CBRN Definitional Framework
Author: Micaela Frulli
Chapter 2. Main Forms of Interaction between the Key Actors in CBRN Protection: What Way Forward?
Author: Costanza Di Francesco Maesa
Chapter 3. International Obligations to Prevent CBRN Emergency Situations
Author: Silvia Venier
Chapter 4. Rules of General Scope in Order to Be Prepared to Deal with CBRN Emergency Situations
Author: Andrea de Guttry
Chapter 5. General Obligations to Respond to and Recover from CBRN Emergency Situations
Author: Christine Bakker
Chapter 6. Regional Perspective: Distribution of Powers and Cooperation Patterns under EU Law as Applicable to CBRN Protection
Author: Federico Casolari
Part 2: Prevention, Preparedness, Response and Recovery in the Case of CBRN Events
Chapter 7. States’ Obligations to Prevent CBRN Terrorism under Treaty Law and United Nations Security Council Resolutions
Author: Luca Poltronieri Rossetti
Chapter 8. Preparedness Rules Applicable to CBRN Terrorism
Author: Andrea de Guttry
Chapter 9. Response and Recovery in the Event of CBRN Terrorism
Author: Giulia Perrone
Chapter 10. Regional Perspective: CBRN Terrorism-Related Obligations under European Union Law
Author: Susanna Villani
Chapter 11. International Obligations to Prevent CBRN Industrial and Nuclear Accidents
Author: Annalisa Creta
Chapter 12. Preparedness Obligations Related to CBRN Industrial Accidents
Author: Sophie Domaine
Chapter 13. Response and Recovery in the Event of CBRN Industrial Accidents
Authors: Christine Bakker and Federica Montanaro
Chapter 14. Regional Perspective: Obligations under European Union Law as Applicable to CBRN Industrial Accidents
Author: Federico Ferri
Chapter 15. Nuclear Safety and Security in Europe
Author: Marco Balboni
Chapter 16. Prevention Obligations Applicable to Naturally Occurring CBRN Events
Author: Silvia Venier
Chapter 17. Preparedness Rules Applicable to Naturally Occurring CBRN Incidents with Special Emphasis on Biological Events
Author: Andrea de Guttry
Chapter 18. Response and Recovery Related to Naturally Occurring CBRN Events: Focusing on Epidemic Outbreaks, including COVID-19
Authors: Christine Bakker and Alice Farina
Chapter 19. Regional Perspective: Obligations under EU Law as Applicable to Naturally Occurring CBRN Events
Author: Federico Ferri
Part 3: International Obligations Applicable to CBRN Weapons
Chapter 20. The Challenge to Jus ad Bellum Posed by the Development or Use of CBRN Weapons
Author: Laura Magi
Chapter 21. The Use of CBRN Weapons in Armed Conflict
Author: Diego Mauri
Chapter 22. CBRN Weapons and the Protection of the Environment during Armed Conflicts
Author: Stefano Saluzzo
Chapter 23. Chemical and Biological Weapons’ Disarmament
Author: Ludovica Poli
Chapter 24. International Legal Obligations Related to Nuclear Disarmament and Nuclear Testing
Author: Andrea Spagnolo
Chapter 25. Obligations Related to Transfers of CBRN Weapons and Dual-Use Items
Author: Annamaria Viterbo
Chapter 26. Ensuring Compliance with International Obligations Applicable to CBRN Weapons: Supervisory Mechanisms, Sanctions, and Inter-State Litigation
Author: Martina Buscemi
Part 4: Horizontal Issues
Chapter 27. Positive Obligations under Human Rights Law to Protect against CBRN Risks
Author: Silvia Venier
Chapter 28. Ordinary and Extraordinary Limitations on Human Rights Introduced to Tackle CBRN Threats
Author: Emanuele Sommario
Chapter 29. CBRN Events and International Environmental Law: From Fragmentation to Mutual Supportiveness and Coordination
Author: Chiara Tea Antoniazzi
Chapter 30. Private Corporations and CBRN Risk Management: An Overview from the Perspective of the UN Guiding Principles on Business and Human Rights
Author: Elena Corcione
Chapter 31. New Technologies and CBRN Events: International Obligations in the Cybersecurity Domain
Author: Gian Maria Farnelli
Part 5: Responsibilities, Enforcement Mechanisms, Remedies
Open Access
Chapter 32. Obligation to Prosecute CBRN-Related International Crimes
Author: Luisa Vierucci
Chapter 33. Criminal Repression of CBRN-Related Violations Which Do Not Amount to International Crimes
Author: Alessandro Mario Amoroso
Chapter 34. Obligation to Provide Access to Adequate Remedies to Victims of CBRN Events under IHL and IHRL
Author: Francesca Capone
Concluding Remarks
Author: Andrea Gioia
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