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Methodological Issues in Climate Law

Methodological Issues in Climate Law This article is the fifth in a series of papers on the International Law Association’s assertion that the principle of prevention (i.e. the obligation of states in international law to prevent transboundary harm, also known as the no-harm rule) properly belongs to the corpus of international climate change law. 1 I have been the only participant in the debate so far to refute the ila ’s position. Here, I respond to the fourth article in the series, by Benoit Mayer. While Mayer has produced a lucid and helpful argument, he commits several errors in the process of defending and elaborating the ila thesis. I address them under this essay’s broad title because they are essentially errors of method. http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Climate Law Brill

Methodological Issues in Climate Law

Climate Law , Volume 5 (1): 25 – Aug 26, 2015

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Publisher
Brill
Copyright
© 2015 by Koninklijke Brill NV, Leiden, The Netherlands
Subject
Debate
ISSN
1878-6553
eISSN
1878-6561
DOI
10.1163/18786561-00501006
Publisher site
See Article on Publisher Site

Abstract

This article is the fifth in a series of papers on the International Law Association’s assertion that the principle of prevention (i.e. the obligation of states in international law to prevent transboundary harm, also known as the no-harm rule) properly belongs to the corpus of international climate change law. 1 I have been the only participant in the debate so far to refute the ila ’s position. Here, I respond to the fourth article in the series, by Benoit Mayer. While Mayer has produced a lucid and helpful argument, he commits several errors in the process of defending and elaborating the ila thesis. I address them under this essay’s broad title because they are essentially errors of method.

Journal

Climate LawBrill

Published: Aug 26, 2015

Keywords: prevention obligation; no-harm rule; International Law Association; mediated v. cumulative environmental damage

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