Prevention Obligations in International Environmental Law

Authors
Publication date 2013
Series Amsterdam Law School Legal Studies Research Paper, 2013-37
Number of pages 52
Publisher Amsterdam: Amsterdam Center for International Law, University of Amsterdam
Organisations
  • Faculty of Law (FdR) - Amsterdam Center for International Law (ACIL)
Abstract
The paper seeks to examine the content and nature of prevention obligations in international environmental law. Despite their frequent reference to these obligations in practice and in the literature their exact content remains ill-defined. Similarly, the exact nature of these obligations has not been sufficiently explored. The first part analyses the content of prevention obligations (notification, environmental impact assessment, exchange of information and negotiations/consultations). The second part, discusses and evaluates the dual nature of these obligations: as autonomous primary obligations of result and as elements of the general due diligence no-harm obligation.
Document type Working paper
Note July 2013. ACIL Research Paper 2013-12
Language English
Published at http://ssrn.com/abstract=2290211
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