The Notion of “Reasonable” in International Law: Legal Discourse, Reason and Contradictions

Corten, Olivier

doi:10.1017/s0020589300063454

Cited by 17 publications

(7 citation statements)

References 9 publications

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“…In the interpretation of ALARA, it is essential to pay attention to the meaning of the term "reasonable" (alternatively "achievable" or "practicable," in other names of the principle). This term is often used in legal texts such as regulations and rulings, where it has two major functions (Corten 1999). First, it makes regulations adaptable and allows their interpretation to be adjusted to circumstances unforeseen by the lawmaker.…”

Section: As Low As Practicable (Alap)mentioning

confidence: 99%

Zero Visions and Other Safety Principles

Hansson

2022

The Vision Zero Handbook

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Safety management is largely based on safety principles, which are simple guidelines intended to guide safety work. This chapter provides a typology and systematic overview of safety principles and an analysis of how they relate to Vision Zero. Three major categories of safety principles are investigated. The aspiration principles tell us what level of safety or risk reduction we should aim at or aspire to. Important examples are Vision Zero, continuous improvement, ALARA (as low as reasonably achievable), BAT (best available technology), cost-benefit analysis, cost-effectiveness analysis, risk limits, and exposure limits. The error tolerance principles are based on the insight that accidents and mistakes will happen, however much we try to avoid them. We therefore have to minimize the negative effects of failures and unexpected disturbances. Safety principles telling us how to do this include fail-safety, inherent safety, substitution, multiple safety barriers, redundancy, and safety factors. Finally, evidence evaluation principles provide guidance on how to evaluate uncertain evidence. Major such principles are the precautionary principle, a reversed burden of proof, and risk neutrality.

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Section: As Low As Practicable (Alap)mentioning

confidence: 99%

Zero Visions and Other Safety Principles

Hansson

2022

The Vision Zero Handbook

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“…However, the same article is also invoked to allow for ‘specific circumstances’ of emergency to ‘lead to some flexibility’ (2008: 70). Indeed, Article 6 is also an important doctrinal source in international human rights law for defining ‘reasonableness’ as ambiguous and context‐dependent (Corten : 613).…”

Section: Negotiating Reasonablenessmentioning

confidence: 99%

“…These divergences emanated from the language of the law as manifested in the term ‘reasonable’: ‘The use of “reasonable” [in law] rests on the possibility of maintaining divergent interpretations. It excludes fixed, static and definitive interpretations’ (Corten : 620). As such, the black holed and liminal legal framework of transition itself dictates the framework of knowledge and the limits of action.…”

Section: Negotiating Reasonablenessmentioning

confidence: 99%

Black hole state: human rights and the work of suspension in post‐war Kosovo

Mora

2020

Soc Anthropol

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Much has been made of the Agambenian framework of exception and the regime of legal suspension it establishes. This paper ethnographically examines the hard work that is required to produce legal suspension within the parameters of the law by looking at the practice of property restitution of transitional institutions in post‐war Kosovo. Kosovo’s ‘black hole state’ reveals how the legal bureaucracies established to usher in human rights serve to perpetuate the state of suspension rather than realising their utopian goals.

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“…32 Palombella (2002), p. 155 (my translation). On "reasonableness" in general as interpretation and application technique see Perelman (1979); Aarnio (1987); Corten (1999), pp. 32-34, available at: http://www.cortecostituzionale.it/documenti/convegni_seminari/RI_QuadernoStudi_Roma2013.pdf.…”

Section: The Principle Of "Reasonableness"mentioning

confidence: 99%