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Precautionary Rights and duties of states (Trawbourst's book ) (List…
Precautionary Rights and duties of states (Trawbourst's book )
Trigger Questions
What are the rights and/or duties of states under the
precautionary principle in general international law?
Lex Ferenda or Lex lata study ??
For sources , lex lata is the way
How much uncertainty Tolerable ?
Defining the terms "of precautionary principle "
All conventions , if to, confirm this concept need to reiterate it again and again
Formula
TOO CALCULATE RISK
Risk = Probability x Gravity
Largely the scope of application of precautionary principle in intl customary law is determined in large measures with these factors of probability and gravity of harm (emphasis supplied)
CASE IN POINT
Gabcikovo Nagymaro
Gravity
"Duration and Geographical Extent "
Precautionary Tripod
Threat of Harm
Thresholds
SIGNIFICANT HARM
Threshold to be crossed in order to trigger the applicability of customary precautionary principle
SERIOUS OR IRREVERSIBLE NATURE
Note the functional axis on the pages of book
Of evidence
Mentioned on 129 (imp)
Uncertainty
Action
What Hazards Shall harm the environment ?
Conceptual Core
Precaution should be taken even if scientific data is yet to be there
Absence of Scientifc Info
Cant wait
something to do (urgency)
Hence killed
Relevance
https://www.researchgate.net/publication/270960753_Precautionary_Rights_and_Duties_of_States
List of cases
Southern Bluefin Tuna case
Australia stated that the experimental fishing program of Japan is causing serious and irreversible damages , so therefore violates
CUSTOMARY PRECAUTIONARY PRINCIPLES
EC's comment on what subdues certainty
note my comment on this
EC's zero risk comment
Wingespread's Statement
On cause and effect
Notion of State Practice
Only resp thresholds of harm and likelihood most largely constitute to undertaking of precautionary principle in to practice by states .