The Prevention Principle in International Environmental Law
Anteprima |
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.