Prevention Principle in International Environmental Law

Prevention Principle in International Environmental Law
Prevention Principle in International Environmental Law
Duvic-Paoli, L
9781108429412
30/05/2018
£95.00
Hb
Cambridge University Press

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.

Contents: IntroductionPart I. From reparation to prevention: international environmental law through the lenses of prevention1. The foundations of prevention: reparation and resource management2. The paradigm shift: prevention as the cornerstone of international environmental lawPart II. The normative impacts of the prevention principle in international environmental law3. Prevention in treaty law4. Prevention in international customary law5. Prevention in the jurisprudencePart III. The three definitional dimensions of prevention6. Prevention and risk anticipation: the rationale7. Prevention and proactivity: content8. Prevention and the protection of the environment: spatial scope9. Prevention and its relationship with other environmental normsPart IV. Prevention as a consolidated norm: current trends and future prospects10. Role and place of prevention in the international legal order11. The frontiers of prevention? Reparation and compliance in controlConclusion

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