Global Risks and International Law
The Case of Climate Change and Pandemics
Published on 13. December 2023
Book
Hardback
168 pages
978-90-04-53869-6 (ISBN)
Description
Global risks present formidable challenges to international law. Although they have long been identified in many other scientific disciplines, they are currently only considered on a sectoral basis in international law in the absence of a legal definition. The aim of this book is threefold: to identify the main elements that characterise global risks in a legal perspective, to determine the characteristics that make them a new category of risk, and to analyse the changes they bring about in the main mechanisms of international law. Drawing on the relationship between international law and other legal systems, and in particular national law, this book highlights possible responses to the challenges posed by global risks. The study is based on extensive practice related to the examples of climate change and pandemics, but opens up perspectives on conclusions that could be common to other global risks, such as financial risks or cyber risks.
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Series
Language
English
Place of publication
Netherlands
Publishing group
Brill
Target group
Professional and scholarly
Product notice
sewn/stitched
Cloth over boards
Dimensions
Height: 239 mm
Width: 160 mm
Thickness: 15 mm
Weight
386 gr
ISBN-13
978-90-04-53869-6 (9789004538696)
Copyright in bibliographic data and cover images is held by Nielsen Book Services Limited or by the publishers or by their respective licensors: all rights reserved.
Schweitzer Classification
Person
Sarah Cassella, Ph.D. (2009), is Professor of International Law at Universite Paris Cite. She has published a monograph and many articles and has edited several books on the topics of international responsibility, situations of exception, and environmental and health risks.
Content
Acknowledgments
Abbreviations
Introduction
?1 Origins of the Study
?2 Purpose of the Book
?3 Structure of the Book
1 International Legal Concept of Global Risk
?1 Introduction
?2 The Background: What Is New?
??2.1 The Origins of Studies on Global Risks
??2.2 Global Risks in Social Sciences
?3 Elements of a Legal Definition of Global Risks
??3.1 Defining Features Related to the Origins of Global Risks
??3.2 Defining Features Related to the Potential Effects of Global Risks
?4 Relationship between the Risks of Climate Change and Pandemics
??4.1 Cross Influences
??4.2 Legal Means of Coordination in the Fight against the Two Risks
??4.3 Beginnings of Integration of the Two Risks: The Right to a Healthy and Sustainable Environment
?5 Conclusions
2 The Role of International Law in Dealing with Global Risks
?1 Introduction
?2 Fragmentation of Legal Regimes Dealing with Global Risks
??2.1 The Complex Implementation of Legal Regimes Aiming at Preventing Global Risks
??2.2 Interactions with Other International Legal Regimes
??2.3 The Shortcomings of the Rationale of Exception
?3 The Integration Principle and the Links Created through Mainstreaming
??3.1 The Integration Principle and Global Risks
??3.2 Mainstreaming Global Risks at the International Level
??3.3 Mainstreaming Global Risks at the Domestic Level
??3.4 Integration between Global Risks
?4 The Central Function of due Diligence Standards
??4.1 Due Diligence Obligations in the Context of Global Risks
??4.2 Determination of due Diligence Standards through the Interaction of International Legal Regimes
??4.3 Implementation of due Diligence Standards through the Complementarity of International and Domestic Norms
??4.4 In search of due Diligence Standards for International Organisations
?5 Conclusions of the Chapter
3 Responsibilities for Global Risks
?1 Introduction
?2 The Limits of International Regimes of Responsibility
??2.1 Multiplicity and Type of Damage Caused by Global Risks and Reparation
??2.2 Complex Causality
??2.3 Joint and Several Liability
??2.4 Relationship between the Liability of International Organisations and the Liability of Member States
?3 Responsibility for Global Risks Based on Violations of Human Rights
??3.1 Responsibility for the Pandemic Risk Directly Related to the Right to Health
??3.2 Responsibility for Climate Change Indirectly Related to Several Human Rights
?4 State Responsibility for the Breach of International Norms on Global Risks before Domestic Courts
??4.1 Contribution to the Effectiveness of Primary Obligations of States
??4.2 Contribution to the Effectiveness of Secondary Obligations of States
?5 Towards a Common Regime of Responsibility for Global Risks
??5.1 From the Internationally Wrongful Act to the Link with Global Risks
??5.2 From Certain to Potential Harm
??5.3 From Reparation to Anticipation
?6 Conclusions of the Chapter
4 Looking Forward, the Paths of Solidarity
?1 Introduction
?2 Climate and Health as Global Public Goods
??2.1 Global Public Goods and International Law
??2.2 Climate and Public Health as Common Concerns of Humankind
??2.3 Possible Consequences of the Turn towards Global Public Goods
?3 Mutual Supportiveness
??3.1 Origins of the Notion of Mutual Supportiveness
??3.2 Current Implementation in the Context of Global Risks
??3.3 Future Perspectives of the Role of Mutual Supportiveness in Relation to Global Risks
?4 The Emerging Principle of Solidarity and Global Risks
??4.1 References to Solidarity in Relation to Global Risks
??4.2 Effects of Solidarity in the Fight against Global Risks
?5 Conclusion of the Chapter
General Conclusion
Bibliography
Table of Cases
Index
Abbreviations
Introduction
?1 Origins of the Study
?2 Purpose of the Book
?3 Structure of the Book
1 International Legal Concept of Global Risk
?1 Introduction
?2 The Background: What Is New?
??2.1 The Origins of Studies on Global Risks
??2.2 Global Risks in Social Sciences
?3 Elements of a Legal Definition of Global Risks
??3.1 Defining Features Related to the Origins of Global Risks
??3.2 Defining Features Related to the Potential Effects of Global Risks
?4 Relationship between the Risks of Climate Change and Pandemics
??4.1 Cross Influences
??4.2 Legal Means of Coordination in the Fight against the Two Risks
??4.3 Beginnings of Integration of the Two Risks: The Right to a Healthy and Sustainable Environment
?5 Conclusions
2 The Role of International Law in Dealing with Global Risks
?1 Introduction
?2 Fragmentation of Legal Regimes Dealing with Global Risks
??2.1 The Complex Implementation of Legal Regimes Aiming at Preventing Global Risks
??2.2 Interactions with Other International Legal Regimes
??2.3 The Shortcomings of the Rationale of Exception
?3 The Integration Principle and the Links Created through Mainstreaming
??3.1 The Integration Principle and Global Risks
??3.2 Mainstreaming Global Risks at the International Level
??3.3 Mainstreaming Global Risks at the Domestic Level
??3.4 Integration between Global Risks
?4 The Central Function of due Diligence Standards
??4.1 Due Diligence Obligations in the Context of Global Risks
??4.2 Determination of due Diligence Standards through the Interaction of International Legal Regimes
??4.3 Implementation of due Diligence Standards through the Complementarity of International and Domestic Norms
??4.4 In search of due Diligence Standards for International Organisations
?5 Conclusions of the Chapter
3 Responsibilities for Global Risks
?1 Introduction
?2 The Limits of International Regimes of Responsibility
??2.1 Multiplicity and Type of Damage Caused by Global Risks and Reparation
??2.2 Complex Causality
??2.3 Joint and Several Liability
??2.4 Relationship between the Liability of International Organisations and the Liability of Member States
?3 Responsibility for Global Risks Based on Violations of Human Rights
??3.1 Responsibility for the Pandemic Risk Directly Related to the Right to Health
??3.2 Responsibility for Climate Change Indirectly Related to Several Human Rights
?4 State Responsibility for the Breach of International Norms on Global Risks before Domestic Courts
??4.1 Contribution to the Effectiveness of Primary Obligations of States
??4.2 Contribution to the Effectiveness of Secondary Obligations of States
?5 Towards a Common Regime of Responsibility for Global Risks
??5.1 From the Internationally Wrongful Act to the Link with Global Risks
??5.2 From Certain to Potential Harm
??5.3 From Reparation to Anticipation
?6 Conclusions of the Chapter
4 Looking Forward, the Paths of Solidarity
?1 Introduction
?2 Climate and Health as Global Public Goods
??2.1 Global Public Goods and International Law
??2.2 Climate and Public Health as Common Concerns of Humankind
??2.3 Possible Consequences of the Turn towards Global Public Goods
?3 Mutual Supportiveness
??3.1 Origins of the Notion of Mutual Supportiveness
??3.2 Current Implementation in the Context of Global Risks
??3.3 Future Perspectives of the Role of Mutual Supportiveness in Relation to Global Risks
?4 The Emerging Principle of Solidarity and Global Risks
??4.1 References to Solidarity in Relation to Global Risks
??4.2 Effects of Solidarity in the Fight against Global Risks
?5 Conclusion of the Chapter
General Conclusion
Bibliography
Table of Cases
Index