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The Prevention Principle in International Environmental Law

£95.00

Part of Cambridge Studies on Environment, Energy and Natural Resources Governance

  • Date Published: May 2018
  • availability: In stock
  • format: Hardback
  • isbn: 9781108429412

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  • 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.

    • Provides a systematic and up-to-date treatment of the principle of prevention, widely considered to be the cornerstone of international environmental law
    • Undertakes a comprehensive review of the manifestations of prevention in conventional law, custom codification works, and case law
    • Seeks to understand prevention, and its evolution, in the context of general international law trends
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    Reviews & endorsements

    'In the most convincing way, this book provides a systematic and comprehensive assessment of the state of international environmental law with regard to the principle of prevention through the analysis of its historical, present, and potential evolutions. The result provides an indispensable tool for practitioners as well as scholars.' Pierre-Marie Dupuy, Emeritus Professor, University of Paris II, Panthéon-Assas, and The Graduate Institute, Geneva

    'A rich and illuminating study of the principle of prevention, which is the building block of international environmental law and the least analyzed of all environmental principles. This work fills the gap and provides readers with an excellent, in-depth analysis of all its aspects, including its historical evolution.' Malgosia Fitzmaurice, Queen Mary University of London

    'Leslie-Anne Duvic-Paoli's comprehensive monograph on the prevention principle makes a major, much needed and convincing contribution to international environmental law, and judiciously contrasts the prevention and curative approaches in international law.' Eibe Riedel, Emeritus Chair of German and Comparative Public Law and European and International Law, University of Mannheim, Germany, and former member of the UN Committee on Economic, Social and Cultural Rights

    'Leslie-Anne Duvic-Paoli's thoroughly researched and carefully reasoned exposition of the importance of the prevention principle as a guiding force in international environmental law is as timely as it is convincing.' John Dugard, Universiteit Leiden and Judge ad hoc International Court of Justice

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    Product details

    • Date Published: May 2018
    • format: Hardback
    • isbn: 9781108429412
    • length: 426 pages
    • dimensions: 235 x 156 x 25 mm
    • weight: 0.72kg
    • availability: In stock
  • 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 control
    Conclusion.

  • Author

    Leslie-Anne Duvic-Paoli, King's College London
    Leslie-Anne Duvic-Paoli is Lecturer at The Dickson Poon School of Law, King's College London and a Fellow at the Cambridge Centre for Environment, Energy and Natural Resource Governance. Before joining King's College London, she was Philomathia Post-doctoral Research Associate in the Department of Land Economy at the University of Cambridge. Duvic-Paoli is a public international lawyer, who researches and teaches in the fields of international environmental law and climate and energy law. She holds Master's degrees from Sciences Po Paris and the University of Panthéon-Sorbonne, and a Ph.D. from the Graduate Institute of International and Development Studies in Geneva.

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