The current state of development of the no significant harm principle: How far have we come?

McIntyre, Owen

doi:10.1007/s10784-020-09501-8

Cited by 13 publications

(9 citation statements)

References 11 publications

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“…Among the customary norms, existing principles of environmental law, and their components relevant to environmental law and the regulation of AM, specifically, are the permanent sovereignty over natural resources (see Schrijver 2008 ; Backman 2019 ; Mancilla 2016 ), the principle of cooperation (see Wolfrum, 2010 ; Sinaga 2013 ; Janusz-Pawletta and Gubaidullina 2015 ), the no-harm rule ( sic utere tuo ut alienum non laedas , see Brunnée 2010 ; McIntyre 2020 ; Tanzi 2020 ), the precautionary principle (see Schröder 2014 ; Sands et al 2012 , pp. 217–227; de Sadeleer 2020 , pp.…”

Section: Preliminary Observations On the Relevant Customary Norms And General Principles Of International Environmental Lawmentioning

confidence: 99%

Customary Norms, General Principles of International Environmental Law, and Assisted Migration as a Tool for Biodiversity Adaptation to Climate Change

Lavrik

2022

Jus Cogens

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Assisted migration (AM) is a translocation of the representatives of species to areas outside their natural habitats as a response to climate change. This article seeks to identify how customary norms and general principles of international environmental law could guide the development of regulation of AM maximizing the benefits of using AM and minimizing AM-related risks . Among the customary norms and principles of international environmental law discussed in the article and relevant to the regulation of AM are the permanent sovereignty over natural resources, the principle of cooperation, the no-harm rule, the precautionary principle, the principles of prevention, due diligence, and obligation to conduct environmental impact assessment (EIA), the principles of integration and intergenerational equity, common but differentiated responsibilities, and the polluter pays principle, the principles of non-regression, progression, resilience, in dubio pro natura , the principle of ecological proportionality, and the principle of access to information, public participation, and access to justice in environmental matters (principle of good governance, environmental democracy).

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Section: Preliminary Observations On the Relevant Customary Norms And General Principles Of International Environmental Lawmentioning

confidence: 99%

Customary Norms, General Principles of International Environmental Law, and Assisted Migration as a Tool for Biodiversity Adaptation to Climate Change

Lavrik

2022

Jus Cogens

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“…It has been argued that key principles such as the no harm principle is being complementary with other principles, suggesting that a ‘community interest’ approach to transboundary waters avoids alleged priority of interests and subservience to other principles such as equitable and reasonable utilisation and cooperation (Tanzi, 2020 ). Clearly, the interpretation and application of the no significant harm principle has expanded over time, requiring not only legal but also political and economic considerations to place it into specific contexts (McIntyre, 2020 ). There are multiple temporal and spatial implications that can be included in a refined understanding of harm (Gupta & Schmeier, 2020 ).…”

Section: International Environmental Agreements Of Water: Lessons Learntmentioning

confidence: 99%

Reflecting on twenty years of international agreements concerning water governance: insights and key learning

Mirumachi

Hurlbert

2022

Int Environ Agreements

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The purpose of this article is to examine the research advanced in the journal, International Environmental Agreements: Politics, Law and Economics that represents key insights into international agreements on water and their political, legal, economic and cross-disciplinary dimensions for water governance. The article analyses evidence and lessons learnt over the last twenty years to inform policy through a review of theoretical advances, innovations in principles and policy instruments, outcomes of problem-solving and knowledge gained regarding water agreements and associated institutions. Important international agreement principles of no significant harm and economic frames of water as a ‘commons’ advance equity and community of interest in relation to water. The studies on water, sanitation and hygiene point to the ways the role of the state can be advanced in achieving Sustainable Development Goals and in complex contexts of water scarcity and public private partnerships. Cross-disciplinary learnings substantiate the existence and utility of multiple water frames in legal arrangements and use of multiple policy instruments. Cross-disciplinary insights are significant in addressing equity, whether through the nascent development of water indicators or in advancing social learning. Water governance frameworks increasingly focus on adaptation by incorporating multiple stakeholders. These findings that advance equity and inclusivity are tempered by crucial lessons in our understanding of the very contested, power-laden nature of water governance that impact agency at multiple scales and policy coordination across sectors of water, food and energy.

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“…The main tensions that typically arise concern the principle of equitable and reasonable utilization and the principle of no significant harm, which are still, to some degree, perceived as conflicting by many policy-makers and negotiators. 9 Upstream states tend to favor the principle of equitable and reasonable utilization, highlighting their right to develop water resources in spite of existing downstream uses. Downstream states, on the other hand, often build their negotiation strategies around the principle of no significant harm, often in order to protect preexisting uses.…”

Section: Iwl Principles As Negotiation Framework or As Subject Of Negotiationsmentioning

confidence: 99%

International Water Law Principles in Negotiations and Water Diplomacy

Schmeier

2021

AJIL Unbound

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International water law (IWL) principles are often called upon to address disagreements and conflict between riparian states to a shared watercourse, with various parties invoking them to guide states’ behavior towards cooperative solutions that benefit the water resources as well as broader regional cooperation and peace. This essay argues that it is particularly important to acknowledge the role IWL principles play in negotiation processes, that is, in an ex ante and non-judicial function, providing a framework for cooperation and contributing to lawmaking, which makes them important tools of international relations and water diplomacy. First, IWL principles are particularly relevant in negotiation processes. IWL principles are thus not only relevant to legal adjudication or enforcement, but are also tools of international relations and diplomacy. Additionally, in their ex ante role, in the context of negotiations or other non-judicial interactions between riparian states, IWL principles can pose an inherent dilemma, as they can both provide a framework for negotiations and be the focus of negotiations, each dimension having implications for the effectiveness of negotiations and the likelihood of negotiated compromise outcomes. Third, in spite of this inherent dilemma and its possible negative repercussions on negotiation outcomes, the use of IWL principles in negotiations has a lawmaking function, contributing to the further development and strengthening of the overall legal regime for governing shared watercourses.

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The current state of development of the no significant harm principle: How far have we come?

Cited by 13 publications

References 11 publications

Customary Norms, General Principles of International Environmental Law, and Assisted Migration as a Tool for Biodiversity Adaptation to Climate Change

Customary Norms, General Principles of International Environmental Law, and Assisted Migration as a Tool for Biodiversity Adaptation to Climate Change

Reflecting on twenty years of international agreements concerning water governance: insights and key learning

International Water Law Principles in Negotiations and Water Diplomacy

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