scholarly journals The Administrative Precautionary Approach at the Time of Covid-19: The Law of Uncertain Science and the Italian Answer to Emergency

2021 ◽  
Vol 17 (3) ◽  
pp. 6-17
Author(s):  
Emiliano Frediani
Keyword(s):  
Precautionary Approach ◽  
The Law ◽  
Uncertain Science

5 Dumping of Waste at Sea

2017 ◽  
Author(s):  
Harrison James
Keyword(s):  
United Nations ◽  
Marine Environment ◽  
Regional Level ◽  
Law Of The Sea ◽  
International Level ◽  
Precautionary Approach ◽  
Additional Protection ◽  
United Nations Convention ◽  
The Law ◽  
Over Time

Chapter 5 considers how dumping of waste at sea is regulated at the international level and how the relevant norms have evolved over time in order to provide stronger protection for the marine environment. The chapter starts by considering the scope of the term dumping before looking at the relevant provisions in United Nations Convention on the Law of the Sea (UNCLOS) and other relevant treaty regimes. In particular, it focuses on the development of the 1972 London Convention on Dumping and its 1996 Protocol and how these instruments have promoted a progressively more precautionary approach to dumping at sea. Outstanding challenges in the implementation and enforcement of these treaties are highlighted. The chapter then explores how these global treaties interact with UNCLOS through the operation of rules of reference. Finally, the chapter considers what additional protection can be offered through the regulation of dumping at the regional level.

Precaution and the Protection of Marine Biodiversity in Areas beyond National Jurisdiction

2012 ◽  
Vol 27 (4) ◽  
pp. 773-781 ◽  
Author(s):  
Rosemary Rayfuse
Keyword(s):  
Precautionary Principle ◽  
Law Of The Sea ◽  
Marine Biodiversity ◽  
Precautionary Approach ◽  
Legal Development ◽  
The Precautionary Principle ◽  
Marine Environmental Protection ◽  
National Jurisdiction ◽  
The Law ◽  
Marine Environmental

Abstract As a post-LOSC legal development, the precautionary principle is nowhere enunciated in the Law of the Sea Convention. Nevertheless, in the thirty years since the LOSC’s adoption, the significance of the precautionary principle for marine environmental protection in general and marine resource conservation in particular has been recognised. The language of precaution, the precautionary principle and the precautionary approach have entered the lexicon of the law of the sea, permeating the international community’s efforts to manage and conserve marine biodiversity in areas beyond national jurisdiction. The challenge remains, however, of crafting and implementing management and governance regimes capable of achieving the objectives of precautionary management and turning the rhetoric of precaution into a reality.

Precautionary information-generation in scienceand the law

2005 ◽  
Vol 52 (6) ◽  
pp. 65-71 ◽  
Author(s):  
C. Cranor
Keyword(s):  
Public Health ◽  
Precautionary Principle ◽  
Environment Monitoring ◽  
Generation System ◽  
Precautionary Approach ◽  
The Precautionary Principle ◽  
Information Generation ◽  
The Law

An information-generation system should be part of precautionary approaches to protecting the public's health and the environment. Such a system would include inventories or surveys of health and the environment, monitoring of them, as well as scoping out or scouting for threats or other harmful things that could occur and providing sentinels to try to identify threats before they materialize. I, then, suggest some ways in which such strategies could be adopted in science and the law as part of a precautionary approach. Doing more to generate information in an anticipatory way will assist implementation of the precautionary principle and help remove some of the uncertainty in environmental and public health protections.

scholarly journals THE APPLICATION OF THE PRECAUTIONARY PRINCIPLE IN INTERNATIONAL LAW: AN ANALYSIS OF THE CONTRIBUTION OF THE INTERNATIONAL TRIBUNAL FOR THE LAW OF THE SEA

2017 ◽  
Vol 14 (29) ◽  
pp. 229-259
Author(s):  
Tiago Vinicius Zanella ◽  
Ricardo Pereira Cabral
Keyword(s):  
International Law ◽  
Marine Environment ◽  
Precautionary Principle ◽  
Law Of The Sea ◽  
Scientific Uncertainty ◽  
International Tribunal ◽  
Irreversible Damage ◽  
Precautionary Approach ◽  
The Precautionary Principle ◽  
The Law

The precautionary principle, invoking the notions of risk, scientific uncertainty and irreversible damage, takes the solution of the environmental issues of the global risk society to the legal domain. Its application in international law has evolved significantly, especially with respect to the protection of the marine environment. This principle, which was much ignored in its practical application, is gradually being used in international environmental protection. The purpose of this paper is to analyze how the jurisprudence of the ITLOS has contributed to the development and application of the precautionary principle for the protection of the marine environment and how the International Tribunal for the Law of the Sea contributed to the development of this principle in international law. Thus, although we are still not able to safely say that the precautionary approach is included in international law as an unchallenged principle, it has been given great steps over the last few years in this direction. Particularly with the contributions of the international jurisprudence of the ITLOS, the precautionary approach is evolving and becoming an autonomous principle, with less uncertainty and subjectivity that caused so much apprehension for the States and doubt in the doctrine.

The Contribution of the International Tribunal for the Law of the Sea to the Protection of the Marine Environment

2021 ◽  
Vol 9 (2) ◽  
pp. 354-369
Author(s):  
Tomas Heidar
Keyword(s):  
Environmental Impact ◽  
Marine Environment ◽  
Environmental Law ◽  
Law Of The Sea ◽  
Due Diligence ◽  
International Tribunal ◽  
International Environmental Law ◽  
Precautionary Approach ◽  
Environmental Impact Assessments ◽  
The Law

Abstract In its 25 years’ history, the International Tribunal for the Law of the Sea has dealt with a number of environmental cases. This has primarily occurred in the context of proceedings relating to the prescription of provisional measures and in advisory proceedings. This article explains how the Tribunal has reaffirmed and developed the basic environmental principles in Part XII of the Law of the Sea Convention, including the obligation to protect and preserve the marine environment, the precautionary approach, the duty to conduct environmental impact assessments, and the duty to cooperate, as well as the duty of due diligence, thereby contributing to the protection of the marine environment. Part XII of the Convention is a product of the 1970s and its provisions therefore reflect the state of international environmental law at that time. However, the Tribunal has interpreted and applied the aforementioned principles consistently with the contemporary state of international environmental law.

Ethical Challenges: Less About Moral Wrongdoing and More About Communication Breakdown

2015 ◽  
Vol 20 (3) ◽  
pp. 72-84 ◽  
Author(s):  
Paula Leslie ◽  
Mary Casper
Keyword(s):  
Ethical Challenges ◽  
Speech Language Pathology ◽  
Thickened Liquids ◽  
Communication Breakdown ◽  
Professional Duty ◽  
Language Pathology ◽  
The Law ◽  
Personal Case

“My patient refuses thickened liquids, should I discharge them from my caseload?” A version of this question appears at least weekly on the American Speech-Language-Hearing Association's Community pages. People talk of respecting the patient's right to be non-compliant with speech-language pathology recommendations. We challenge use of the word “respect” and calling a patient “non-compliant” in the same sentence: does use of the latter term preclude the former? In this article we will share our reflections on why we are interested in these so called “ethical challenges” from a personal case level to what our professional duty requires of us. Our proposal is that the problems that we encounter are less to do with ethical or moral puzzles and usually due to inadequate communication. We will outline resources that clinicians may use to support their work from what seems to be a straightforward case to those that are mired in complexity. And we will tackle fears and facts regarding litigation and the law.

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