The LOSC and the Implementation of the Precautionary Principle

Fabra, Adriana

doi:10.1093/yiel/10.1.15

Cited by 13 publications

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“…108 Accordingly, the increasing number of environmental disputes (decided by environmental or non-environmental courts or tribunals) and being settled through recourse to precautionary approaches also contributes to developing 'sound' case law. 109 This is all the more consistent since those tribunals are not bound by precedents but are more and more likely to use them. Similarly, human rights bodies could develop a 'sound' and uniform judicial management of scientific uncertainty in the context of interim measures.…”

Section: The Precautionary Principle Has a Functional Character Thatmentioning

confidence: 81%

Can the Human Rights Bodies be Used to Produce Interim Measures to Protect Environment-Related Human Rights?

Leroy

2006

Rev EC Int Env Law

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International environmental law does not protect individuals as such. On the other hand, human rights do not formally encompass the right to a healthy environment. This article argues that human rights bodies are suitable forums to protect environment‐related human rights. They can do so by producing interim measures to prevent States’ actions or inactions towards the environment from infringing on human rights, even if the harmful character of those actions is uncertain. It is demonstrated that the recourse to the precautionary principle is possible to achieve such anticipatory protection and is supported by recent developments in the International Tribunal for the Law of the Sea and the International Court of Justice. In particular, the article shows that human rights bodies can develop interrelationships and interdependency between rights of different normative values in different areas of international law that will lead to equitable interim measures prescribing positive obligations that are reasonable and appropriate.

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Section: The Precautionary Principle Has a Functional Character Thatmentioning

confidence: 81%

Can the Human Rights Bodies be Used to Produce Interim Measures to Protect Environment-Related Human Rights?

Leroy

2006

Rev EC Int Env Law

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Dispute Settlement in the UN Convention on the Law of the Sea

Klein¹

2005

109

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The United Nations Convention on the Law of the Sea is one of the most important constitutive instruments in international law. Not only does this treaty regulate the uses of the world's largest resource, but it also contains a mandatory dispute settlement system - an unusual phenomenon in international law. While some scholars have lauded this development as a significant achievement, others have been highly sceptical of its comprehensiveness and effectiveness. This book explores whether a compulsory dispute settlement mechanism is necessary for the regulation of the oceans under the Convention. The requisite role of dispute settlement in the Convention is determined through an assessment of its relationship to the substantive provisions. Klein firstly describes the dispute settlement procedure in the Convention. She then takes each of the issue areas subject to limitations or exceptions to compulsory procedures entailing binding decisions, and analyses the interrelationship between the substantive and procedural rules.

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Introduction

Klein¹

2005

Dispute Settlement in the UN Convention on the Law of the Sea

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The LOSC and the Implementation of the Precautionary Principle

Cited by 13 publications

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Can the Human Rights Bodies be Used to Produce Interim Measures to Protect Environment-Related Human Rights?

Can the Human Rights Bodies be Used to Produce Interim Measures to Protect Environment-Related Human Rights?

Dispute Settlement in the UN Convention on the Law of the Sea

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