Get 20M+ Full-Text Papers For Less Than $1.50/day. Start a 14-Day Trial for You or Your Team.

Learn More →

Mediated versus Cumulative Environmental Damage and the International Law Association’s Legal Principles on Climate Change

Mediated versus Cumulative Environmental Damage and the International Law Association’s Legal... The content of international climate change law is being subjected to investigation and critical analysis after twenty years of international policy on climate change. The ila ’s Legal Principles Relating to Climate Change are a contribution to this discussion. The ila has put forth a ‘principle of prevention’ as being not just relevant to, but at the very foundation of, climate change law—in particular mitigation law. In their article in this issue of the journal, Schwarte and Frank focus on the ila ’s reliance on the prevention principle, endorsing the ila ’s approach in this respect. However, as I argue in this comment, the principle of prevention is neither applicable nor of relevance to the problem of climate change, and thus cannot be an element of climate change mitigation law. I also question the ila ’s utilization of another legal principle—the precautionary principle—as a basis for the development of an international law of adaptation. http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Climate Law Brill

Mediated versus Cumulative Environmental Damage and the International Law Association’s Legal Principles on Climate Change

Zahar, Alexander
Climate Law , Volume 4 (3-4): 217 – Feb 23, 2014
Download PDF
17 pages

Loading next page...
 
/lp/brill/mediated-versus-cumulative-environmental-damage-and-the-international-00kSZiA8zJ

References (1)

Publisher
Brill
Copyright
© 2015 by Koninklijke Brill NV, Leiden, The Netherlands
Subject
Articles
ISSN
1878-6553
eISSN
1878-6561
DOI
10.1163/18786561-00404002
Publisher site
See Article on Publisher Site

Abstract

The content of international climate change law is being subjected to investigation and critical analysis after twenty years of international policy on climate change. The ila ’s Legal Principles Relating to Climate Change are a contribution to this discussion. The ila has put forth a ‘principle of prevention’ as being not just relevant to, but at the very foundation of, climate change law—in particular mitigation law. In their article in this issue of the journal, Schwarte and Frank focus on the ila ’s reliance on the prevention principle, endorsing the ila ’s approach in this respect. However, as I argue in this comment, the principle of prevention is neither applicable nor of relevance to the problem of climate change, and thus cannot be an element of climate change mitigation law. I also question the ila ’s utilization of another legal principle—the precautionary principle—as a basis for the development of an international law of adaptation.

Journal

Climate Law – Brill

Published: Feb 23, 2014

Keywords: Principle of prevention; International Law Association ( ila )

There are no references for this article.