The Prevention Principle in International Environmental Law

Environmental / Energy Law

The Prevention Principle in International Environmental Law

By Leslie-Anne Duvic-Paoli
Cambridge University Press May 2018

Specifications

ISBN-13
9781108429412
Publisher
Cambridge University Press
Publication
May 2018
Format
Hardback
Jurisdiction
U.K. ? Countri(es) for reference only

Details

Prevention is recognized as a cornerstone of international environmental law, but this principle remains abstract and elusive in terms of exactly what is required of states to prevent environmental harm. In this illuminating work, Leslie-Anne Duvic-Paoli addresses this issue by offering a systematic, comprehensive assessment in which she clarifies the rationale, content, and scope of the prevention principle while also placing it in a wider legal context.

The book offers a detailed analysis of treaty law, custom codification works, and case law before culminating in a conceptualization of prevention based on three definitional traits: 1) its anticipatory rationale; 2) its due diligence content; and 3) its wide spatial scope to protect the environment as a whole.

This book should be read by anyone seeking to understand the evolving principle of prevention in international environmental law, and how it increasingly shares common ground with reparation in the arena of compliance control.

Table of Contents

Introduction
Part I. From reparation to prevention: international environmental law through the lenses of prevention
1. The foundations of prevention: reparation and resource management
2. The paradigm shift: prevention as the cornerstone of international environmental law

Part II. The normative impacts of the prevention principle in international environmental law
3. Prevention in treaty law
4. Prevention in international customary law
5. Prevention in the jurisprudence

Part III. The three definitional dimensions of prevention
6. Prevention and risk anticipation: the rationale
7. Prevention and proactivity: content
8. Prevention and the protection of the environment: spatial scope
9. Prevention and its relationship with other environmental norms

Part IV. Prevention as a consolidated norm: current trends and future prospects
10. Role and place of prevention in the international legal order
11. The frontiers of prevention? Reparation and compliance in control
Conclusion
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