Risk and the Regulation of Uncertainty in International Law PDF Download

Author: Mónika Ambrus
Publisher: Oxford University Press
ISBN: 0198795890
Category : Law
Languages : en
Pages : 305

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Book Description
International law is a system of rules and principles that regulates behaviour between international actors in the present, but is based on what is expected to happen in the future. This book explores how risk and uncertainty are imagined, articulated, and managed across the various fields of international law.

Author: OECD
Publisher: OECD Publishing
ISBN: 926408293X
Category :
Languages : en
Pages : 251

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Book Description
This publication presents recent OECD papers on risk and regulatory policy. They offer measures for developing, or improving, coherent risk governance policies.

Author: Peter J. Katzenstein
Publisher: Cambridge University Press
ISBN: 1108425178
Category : Political Science
Languages : en
Pages : 383

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Book Description
Mainstream international relations continues to assume that the world is governed by calculable risk based on estimates of power, despite repeatedly being surprised by unexpected change. This ground breaking work departs from existing definitions of power that focus on the actors' evolving ability to exercise control in situations of calculable risk. It introduces the concept of 'protean power', which focuses on the actors' agility as they adapt to situations of uncertainty. Protean Power uses twelve real world case studies to examine how the dynamics of protean and control power can be tracked in the relations among different state and non-state actors, operating in diverse sites, stretching from local to global, in both times of relative normalcy and moments of crisis. Katzenstein and Seybert argue for a new approach to international relations, where the inclusion of protean power in our analytical models helps in accounting for unforeseen changes in world politics.

Author: Jacqueline Peel
Publisher: Cambridge University Press
ISBN: 113949323X
Category : Law
Languages : en
Pages : 417

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Book Description
The regulation of risk is a preoccupation of contemporary global society and an increasingly important part of international law in areas ranging from environmental protection to international trade. This book examines a key aspect of international risk regulation - the way in which science and technical expertise are used in reaching decisions about how to assess and manage global risks. An interdisciplinary analysis is employed to illuminate how science has been used in international legal processes and global institutions such as the World Trade Organization. Case studies of risk regulation in international law are drawn from diverse fields including environmental treaty law, international trade law, food safety regulation and standard-setting, biosafety and chemicals regulation. The book also addresses the important question of the most appropriate balance between science and non-scientific inputs in different areas of international risk regulation.

Author: Adrian Vermeule
Publisher: Cambridge University Press
ISBN: 1107043727
Category : Law
Languages : en
Pages : 209

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Book Description
The Constitution of Risk is the first book to combine constitutional theory with the theory of risk regulation. The book argues that constitutional rulemaking is best understood as a means of managing political risks. Constitutional law structures and regulates the risks that arise in and from political life, such as an executive coup or military putsch, political abuse of ideological or ethnic minorities, or corrupt self-dealing by officials. The book claims that the best way to manage political risks is an approach it calls "optimizing constitutionalism" - in contrast to the worst-case thinking that underpins "precautionary constitutionalism," a mainstay of liberal constitutional theory. Drawing on a broad range of disciplines such as decision theory, game theory, welfare economics, political science, and psychology, this book advocates constitutional rulemaking undertaken in a spirit of welfare maximization, and offers a corrective to the pervasive and frequently irrational attitude of distrust of official power that is so prominent in American constitutional history and discourse.

Author: Nicolas de Sadeleer
Publisher: Oxford University Press
ISBN: 0192582674
Category : Law
Languages : en
Pages : 593

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Book Description
This book traces the evolution of environmental principles from their origins as vague political slogans reflecting fears about environmental hazards to their embodiment in enforceable laws. Environmental law has always responded to risks posed by industrial society but the new generation of risks have required a new set of environmental principles, emerging from a combination of public fears, science, ethics, and established legal practice. This book shows how three of the most important principles of modern environmental law grew out of this new age of ecological risk: the polluter pays principle, the preventive principle, and the precautionary principle. Since the first edition was published, the principles of polluter-pays, prevention, and precaution have been encapsulated in a swathe of legislation at domestic and international level. Courts have been invoking environmental law principles in a broad range of cases, on issues including GMOs, conservation, investment, waste, and climate change. As a result, more States are paying heed to these principles as catalysts for improving their environmental laws and regulations. This edition will integrate to a greater extent the relationship between environmental principles and human rights. The book analyses new developments including the EU Charter of Fundamental Rights, the case law of the European Court of Human Rights, which has continuously carved out environmental duties from a number of rights enshrined in the European Convention of Human Rights, and the implementation of the UNECE Convention on Access to Information.

Author: Joanna Kulesza
Publisher: BRILL
ISBN: 9004325190
Category : Law
Languages : en
Pages : 331

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Book Description
Due Diligence in International Law identifies due diligence as the missing link between state responsibility and international liability. Acknowledged in all legal fields, it ensures international peaceful cooperation and prevents significant transboundary harm, yet it has thus far not been comprehensively discussed in literature. The present volume fills this void. Kulesza identifies due diligence as a principle of international law and traces its evolution throughout centuries. The no-harm principle, key to identifying responsibility for transboundary harm, focal to international environmental law and applicable to e.g. combating terrorism, follows states’ obligation of due diligence in preventing foreign harm. This obligation, present in various treaty-based and customary regimes is argued to be a principle of international public law applicable to all obligations of conduct.

Author: Institute of Medicine
Publisher: National Academies Press
ISBN: 0309290236
Category : Political Science
Languages : en
Pages : 280

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Book Description
The U.S. Environmental Protection Agency (EPA) is one of several federal agencies responsible for protecting Americans against significant risks to human health and the environment. As part of that mission, EPA estimates the nature, magnitude, and likelihood of risks to human health and the environment; identifies the potential regulatory actions that will mitigate those risks and protect public health1 and the environment; and uses that information to decide on appropriate regulatory action. Uncertainties, both qualitative and quantitative, in the data and analyses on which these decisions are based enter into the process at each step. As a result, the informed identification and use of the uncertainties inherent in the process is an essential feature of environmental decision making. EPA requested that the Institute of Medicine (IOM) convene a committee to provide guidance to its decision makers and their partners in states and localities on approaches to managing risk in different contexts when uncertainty is present. It also sought guidance on how information on uncertainty should be presented to help risk managers make sound decisions and to increase transparency in its communications with the public about those decisions. Given that its charge is not limited to human health risk assessment and includes broad questions about managing risks and decision making, in this report the committee examines the analysis of uncertainty in those other areas in addition to human health risks. Environmental Decisions in the Face of Uncertainty explains the statement of task and summarizes the findings of the committee.

Author: John Pratt
Publisher: Springer Nature
ISBN: 3030379485
Category : Social Science
Languages : en
Pages : 357

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Book Description
This book examines the impact and implications of the relationship between risk and criminal justice in advanced liberal democracies, in the context of the ‘revolt against uncertainty’ which has underpinned the rise of populist politics across these societies in recent years. It asks what impact the demands for more certainty and security, and the insistence that national identity be reasserted, will have on criminal law and penal policy. Drawing upon contributions made at a symposium held at Victoria University of Wellington, New Zealand in November 2018, this edited collection also discusses the way in which risk has come to inform sentencing practices, broader criminal justice processes and the critical issues associated with this. It also examines the growth and making of new ‘risky populations’ and the harnessing of risk-prevention logics, techniques and mechanisms which have inflated the influence of risk on criminal justice.

Author: B.S. Chimni
Publisher: Routledge
ISBN: 1136500553
Category : Law
Languages : en
Pages : 362

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Book Description
Launched in 1991, The Asian Yearbook of International Law is a major refereed publication dedicated to international law issues as seen primarily from an Asian perspective, under the auspices of the Foundation for the Development of International Law in Asia (DILA). It is the first publication of its kind edited by a team of leading international law scholars from across Asia. The Yearbook provides a forum for the publication of articles in the field of international law, and other Asian international law topics, written by experts from the region and elsewhere. Its aim is twofold: to promote international law in Asia, and to provide an intellectual platform for the discussion and dissemination of Asian views and practices on contemporary international legal issues. Each volume of the Yearbook contains articles and shorter notes; a section on State practice; an overview of Asian states participation in multilateral treaties; succinct analysis of recent international legal developments in Asia; an agora section devoted to critical perspectives on international law issues; surveys of the activities of international organizations of special relevance to Asia; and book review, bibliography and documents sections. This volume offers Asian perspectives on topics including : treaty-making power in China; the crime of aggression, illegal fishing and the destruction of environment in armed conflicts.